FSUTA CONTRACT

July 1, 2025 - June 30, 2028

Fairfield Suisun Unified

Fairfield-Suisun Unified Teachers Association School District 1000 Texas Street, Suite D 2490 Hilborn Road Fairfield, CA 94533 Fairfield, CA 94534 (707) 389-6623 (707) 399-5000

Article 1 - Recognition

1.1 The Fairfield-Suisun Unified School District’s Governing Board, hereinafter referred to as the “Board,” recognizes the Fairfield-Suisun Unified Teachers Association/CTA/NEA, hereinafter referred to as the “Association,” as the sole and exclusive bargaining agent for all certificated employees excluding designated management employees, school psychologists, and per diem substitute employees.

1.2 The Association, in turn, recognizes the Board, or designated representative, as the duly elected representatives of the people and agrees to negotiate exclusively with the Board through the provisions of the Rodda Act.

1.3 New classifications created or positions added to classifications shall be subject to negotiation between the Board and the Association to determine if they are to be included in the bargaining unit. Disputed cases shall be submitted to the PERB and shall not be subject to the grievance procedure contained in the contract.

1.4 Employees hired to temporary contracts are covered by this agreement exclusive of the following articles:

● Article 18 - Assignment and Transfer

● Article 23.5 - Sabbatical Leave

● Article 23.6 - Parental Leave

● Article 23.10 - Advanced Study Leave

● Article 23.11 - Personal Leave

● Article 24 - Reduced Teaching Service Option

● Article 25 - Early Retirement Plan

● Article 26 - Part-Time Contracts

● Article 27 - Job Sharing

Article 2 - Duration

2.1 This contract shall become effective July 1, 2025 and continue in effect through June 30, 2028.

Article 3 - Contract

3.1 This contract shall supersede any rules, regulations, or practices of the Board which shall be contrary to or inconsistent with its terms.

3.2 Each party to this contract may reopen Article 22 (Salary and Fringe Benefits) for the 2026-2027 and 2027-2028 school years. The parties may select to open no more than two articles each for the 2026-2027 and 2027-2028 school years. The parties shall submit their initial proposals for the 2026-2027 school year by October 2025. The parties must submit their initial proposals for the 2027-2028 school year by October 2026. The Association and the District agree to review all sunsetting MOU’s prior to the sunset date for each MOU.

3.3 This agreement shall constitute the full and complete commitment between the parties and shall remain in force for the period of July 1, 2025 to June 30, 2028.

Article 4 - Negotiation of Successor Agreement

4.1 The Association and the District shall submit their initial proposals for the 2028-2031 school years by the first regular board meeting in October 2028.

4.2 The Board shall make public its response by the same meeting in October 2028. Negotiations of the successor agreement will commence within ten (10) days after the Board’s public response.

Article 5 - No Discrimination or Retaliation

5.1 Neither the District nor the Association shall discriminate against any employee based on their race, color, national origin, religion, sex, sexual orientation, age, disability, marital status, political affiliation, membership in or participation in an employee organization, union affiliation, or exercise of rights contained in this Agreement or rights guaranteed by the EERA. Further, neither the District nor the Association will retaliate against, discipline or take any adverse action against any employee for participating in or deciding to not participate in concerted activities protected by the EERA.

5.2 Alleged violations of this Article will be subject to the grievance procedure (including binding arbitration) of the Collective Bargaining Agreement.

Article 6 - Organizational Security

6.1 The District shall withhold from the salary of each member of FSUTA the dues in the Association (which shall include the dues in CTA and NEA, and the total of

which shall be reported to the Assistant Superintendent of Human Resources by August 15 of each year) and shall transmit the funds withheld to the Association as instructed. Once a bargaining unit employee joins the Association, membership may only be discontinued according to the terms and conditions set forth on the authorization form developed by the Association. All deductions shall be made in ten (10) equal installments for the months of September through June. The unpaid balance shall be withheld from the final warrant of members leaving the employment of the District before June 30. This District shall not deduct the dues of any other organization from the salaries of members of this unit but it shall, at the request of any member, deduct payments for insurance, eligible tax-sheltered annuities, credit unions, etc., up to ten (10) deductions.

6.2 The Association shall provide the District with a list of members who have completed the authorizations developed by the Association. With respect to all sums deducted by the District pursuant to Section 6.1, above for membership dues, the District agrees promptly to remit such monies to the Association accompanied by an alphabetical list of unit members for whom such deductions have been made, and indicating any changes in personnel from the list previously furnished.

The Association and District agree to furnish to each other any information needed to fulfill the provisions of this Article. The District shall provide the Association a list of new hires, their position, site assignment and contact information on file with the District within ten (10) calendar days prior to the start of the work year For unit members hired after the above list is provided, the District shall provide the above information on or before the date the new hire reports to their site assignment. The Parties agree that membership (adding new members, maintaining current members, or dropping members who complete the process with the Association to do so) is entirely a function of the Association, and no part of this Agreement may interfere with the union membership process.

6.3 Hold Harmless and Indemnity Provision

6.3.a. The Association, as defined by this agreement, shall hold the District harmless and shall fully and promptly reimburse the District for reasonable legal fees and costs incurred in responding to or defending against any legal or administrative actions which are actually brought against the District or any of its agents by other than the Association in connection with the administration or enforcement of any section of this Article.

6.3.b. Upon notice that the District is going to seek indemnification or to be held harmless under this provision, the Association shall have the right to meet with the District regarding the reasonableness and merit of any

suit or action for which the District seeks indemnification and shall attempt to agree whether any such action listed above in Section 6.3.a. shall be compromised, resisted, defended, tried, or appealed.

6.3.c. The Association shall decide and determine whether any such action or proceeding referred to in Section 6.3.a. shall or shall not be compromised, resisted, defended, tried, or appealed as long as the District does not have a distinct and separate legal interest in the matter in dispute.

6.3.d. The District shall not be entitled to be reimbursed for any fees or costs, unless Sections 6.3.b. and 6.3.c. are complied with, and shall not be entitled to such reimbursement when the District’s efforts in defending against such action would be duplicative, or when the District is defending a separate and distinct legal interest, or when the District is defending an activity which is arguably subject to criminal liability on the part of any District administrator.

Article 7 - Concerted Activities

7.1. By both parties reaching an agreement and signing this document, they agree to actively support implementation of the agreement.

Article 8 - Definitions

8.1 The parties agree that definitions will be within the context of the provisions of the contract in which the term is used.

Article 9 - Grievance Procedure

9.1 Definitions

9.1.a. A “grievance” is an allegation by a grievant that there has been a violation, misapplication, or misinterpretation of a provision of this agreement.

9.1.b. A “grievant” is any member of the unit and/or the Association if either is adversely affected by a violation, misapplication, or misinterpretation of a provision of this agreement. In addition, the Association may present a grievance involving a specific instance involving named unit members.

9.1.c. “Day” is any day that the contracted grievant is required to render service to the District.

9.1.d. The “immediate supervisor” is that person having the responsibility for writing the grievant’s evaluation. When the Association is the grievant, the “immediate supervisor” in the informal level and Level I will be the Assistant Superintendent of Human Resources or other person designated by the Superintendent.

9.2 Procedure - Informal Level

Before filing a formal written grievance, the grievant shall attempt to resolve the disagreement by an informal conference with their immediate supervisor.

9.3 Procedure - Formal Level

9.3.a. Level I:

9.3.a.1. Within thirty (30) days after knowledge of the occurrence of the act or omission giving rise to the grievance, the grievant must present the grievance in writing to their immediate supervisor. The grievance must be submitted on the proper grievance form or attached thereto.

9.3.a.2. This statement shall be a clear, concise statement of the circumstances giving rise to the grievance, citation of the specific article, section and paragraph of this agreement that is alleged to have been violated, misinterpreted, or misapplied, the decision rendered at the informal conference, and the suggested remedy or remedies sought.

9.3.a.3. The supervisor or designee shall communicate their decision in writing to the employee, and the FSUTA grievance chairperson within ten (10) days after receiving the grievance.

9.3.a.4. Either the grievant or the supervisor may request a personal conference within the above time limits and such request shall be honored.

9.3.b. Level II:

9.3.b.1. In the event the grievant is not satisfied with the decision at Level I, the grievant may appeal the decision to the Director of Elementary Education or Director of Secondary Education as appropriate according to the grievant’s assignment within ten (10) days.

9.3.b.2. This statement should include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal, and the suggested remedy or remedies sought. The grievance must be submitted on the proper grievance form or attached thereto.

9.3.b.3. The Director of Elementary Education or Director of Secondary Education or designee shall conduct an investigation into the allegations and shall communicate their decision in writing to the employee and to the Association within ten (10) days after receiving the grievance.

9.3.b.4. Either the grievant or the Director of Elementary Education or Director of Secondary Education or designee may request a personal conference within the above time limits and such a request shall be honored.

9.3.c. Level III:

9.3.c.1. In the event a grievance begins at Level III, before filing the grievance, the Association or grievant with District staff shall conduct a conference with the appropriate Cabinet level administrator to attempt to resolve or identify the disagreement. A telephone conference shall fulfill this requirement. After notification by the Association to the Superintendent or designee, the conference will be held within ten (10) days.

9.3.c.2. In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision to the Superintendent or designee (Assistant Superintendent of Human Resources) within ten (10) days. The grievance must be submitted on the proper grievance form or attached thereto.

9.3.c.3. This statement should include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal, and the suggested remedy or remedies sought.

9.3.c.4. The Superintendent or designee shall conduct an investigation into the allegations and shall communicate their decision in writing to the employee and to the Association within ten (10) days after receiving the grievance.

9.3.c.5. Either the grievant or the Superintendent may request a personal conference within the above time limits and such request shall be honored.

9.3.d. Level IV:

9.3.d.1. If the Association is not satisfied with the disposition of the grievance at Level III, it may proceed to arbitration within thirty (30) days. In such an event, the Association shall notify the Assistant Superintendent of Human Resources, or their designees, in writing. If the District or the Association requests a meeting to discuss the grievance at any time prior to a scheduled arbitration hearing, that request shall be honored.

9.3.d.1.a. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a Demand to Arbitrate to the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association. If the District contends that the grievance is not arbitrable or the grievant failed to adhere to procedures herein, such referral shall be primarily to determine the arbitrability of the alleged grievance. If the arbitrator decides that they have jurisdiction and there is no procedural impediment, they shall proceed to hear the merits of the grievance.

9.3.d.1.b. Once the arbitrator has been selected, hearings shall commence at their convenience and be concluded within a reasonable time.

9.3.d.1.c. The appeal shall be in writing.

9.3.d.1.d. The arbitrator shall have available all documents relating to the grievance and any

District records that would be helpful in resolving the problem.

9.3.d.1.e. Within thirty (30) days after the conclusion of the hearing, the arbitrator’s decision shall be in writing and shall set forth their findings of fact, reasoning, and conclusions on the issue(s) submitted.

9.3.d.1.f. The arbitrator shall be without power or authority to make any decision which requires the commission of any act prohibited by law or which is in violation of the terms of this agreement.

9.3.d.1.g. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding upon the parties of this agreement.

9.3.d.2. The arbitrator shall be subject to the following limitations:

9.3.d.2.a. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. The arbitrator shall also be limited to fashioning remedies only within the terms of this agreement.

9.3.d.2.b. The arbitrator shall have no power to establish salary structures. This limitation does not apply to a recommendation to change placement on the salary schedule.

9.3.d.2.c. The arbitrator shall have no power to validate or invalidate the content of evaluation(s).

9.3.d.2.d. The arbitrator shall have no power to establish or recommend any financial award except for back pay General and punitive damages shall not be awarded in any case.

9.3.d.2.e. Expenses incurred by the arbitrator shall be shared equally by the District and the Association. All other expenses shall be borne by the party incurring them, and neither party

shall be responsible for the expenses of witnesses called by the other except witnesses who are employed by the District shall be released at no cost to the Association.

9.3.d.2.f. No probationary employee may use the grievance procedure in any way to appeal a discharge or a decision by the District not to renew their contract.

9.4 Miscellaneous

9.4.a. No reprisals of any kind will be taken by the Superintendent or any member or representative of the administration or by the Board against participants in the grievance procedure by reason of such participation.

9.4.b. A member of this unit may be represented in the stages preceding the arbitration level of the grievance procedure by himself/herself, and at their option, by a representative of their choice. No more than three (3) members of the unit, one of whom shall be the grievant, shall receive release time to process a grievance prior to arbitration.

9.4.c. Any unit member who is not a member of the Association who requests that the grievance or arbitration provisions of this agreement be used on their behalf, shall be responsible for paying to the Association the reasonable cost of using said grievance or arbitration procedures.

9.4.d. All documents, communications, and records dealing with the process of a grievance will be filed in a separate file and will not be kept in the personnel file of any of the participants.

9.4.e. The limits for appeal provided in each level shall begin the day following receipt of written decision by the parties. These limits may be extended with the agreement of the parties.

9.4.f. If a grievance arises from action or inaction on the part of a member of the administration at a level above the principal or immediate supervisor, the grievant shall submit such grievance in writing to the Superintendent directly, and the processing of such grievance shall be initiated at Level III. Such Level III grievances must be filed within thirty (30) days after knowledge of the occurrence of the act or omission giving rise to the grievance.

9.4.g. Subject to the appeal of the Association, implementation of any proposed resolution of a grievance at any formal level will take place

within five (5) days. If such implementation has not resolved the alleged violation, misapplication or misrepresentation of the contract, the Association will proceed to higher levels of the grievance procedure.

Article 10 - Evaluation

10.1 It is understood and agreed by the parties that the principal objective is to maintain and improve the quality of education in the District. It is further understood and agreed that this objective can be more readily achieved by a manifest willingness on the part of the District to assist all certificated unit members, but especially less experienced unit members in improving their professional skills. The District accepts as a fundamental premise for a successful evaluation program, the necessity for mutual respect and confidence to exist between the evaluator and those evaluated. The evaluation process and forms shall not be used as retaliation or as a substitute for discipline.

10.2 The evaluation of certificated unit members is based on Education Code, Sections 44660- 44665 (Stull Act) and the California Standards for the Teaching Profession (CSTP). These Standards are also part of the District’s Beginning Teacher Support and Assessment Induction Program and the Peer Assistance and Review Program (PAR). An important component of each of these is the understanding that all professionals grow and develop. It is, therefore, expected that all final evaluations will contain individual and personalized suggestions for continued professional development.

10.3 Certificated Evaluation Process using CSTP

10.3.a. This process will be used to evaluate all certificated unit members:

10.3.a.1. Permanent unit members will be evaluated once every two (2) years. Permanent unit members who receive a “Does Not Meet CSTP” or at least two “Progressing Towards CSTP” ratings on their evaluation may be evaluated in the subsequent year. The formal evaluation of a permanent unit member may be deferred to a third year by mutual agreement with their site administrator. If so, the “once-every-two-year cycle” specified in this paragraph will start over

10.3.a.2. After being in District for ten (10) years, the formal evaluation of a permanent unit member may be deferred to a five year cycle by mutual agreement with their site administrator. If so, the "once-every-five-year cycle" specified in this paragraph will start over.

10.3.a.3. Probationary unit members will be evaluated at least once a year

10.3.a.4. Temporary unit members will be evaluated at least once a year.

10.3.a.5. At the request of the Association, the timeline for a grievance dealing with a unit member's evaluation will continue from the end of the period of service in which the evaluation was received, until the beginning of the following period of service.

10.3.a.6. “Evidence” shall be the measure supporting a rating by an evaluator of a unit member on the approved observation and evaluation forms. Evidence shall be a unit member’s Observation Forms, the items listed in 10.3.e and other objective measures of assessment that relate to the CSTP Standard being observed or evaluated.

10.3.a.7. Consulting Teachers (Article 34) shall be evaluated according to the guidelines in Article 34.5.

10.3.a.8. All teachers shall receive training as indicated in Article 10.6.

10.3.b. Individual or school site unit member trainings to include all unit members will begin within the first thirty (30) days of the unit member's work year and will consist of 30 minutes for all permanent, probationary, and temporary unit members on the evaluation cycle with an additional 60 minutes for probationary and temporary unit members by November 15. Unit members out of the evaluation cycle for the current year, shall be exempt from these trainings. Unit members will be evaluated upon the Standards on the form "Certificated Personnel Evaluation Form, (Appendix Z)." All certificated unit members will be provided with electronic copies of the CSTP: California Standards for the Teaching Profession (most recent edition), which provides detailed information regarding the components of each Standard. Upon request, a unit member may be provided with a hard copy of the CSTP

10.3.c. Should there be no FSUTA unit member and/or site administrator at the start of the school year who completed the spring bilateral evaluation training the previous school year, FSUTA agrees that the site may use a respective member of the bilateral evaluation committee (administrator for administrator/FSUTA unit member for FSUTA unit member) to do the training at those sites for the initial thirty (30) minute training of all unit members held within the first 30 days of the school year. This provides

time to appoint and train site team members in compliance with Article 10 – Evaluations. Bilateral Evaluation training for these team members will be completed prior to the first formal observation of any unit members at these sites and any additional evaluation training.

10.3.d. Probationary and temporary unit members will be evaluated on all six (6) CSTP Standards. Documentation provided by the unit member (Probationary, Temporary or Permanent) to include, but not be limited to, that mentioned in 10.3(e)(5) shall be a part of the evaluation of Standard Six (6).

10.3.e. At least two (2) formal observations, one scheduled, and the other may be scheduled or unscheduled, will be held during a unit member’s evaluation year to observe unit members using only the District’s Certificated Personnel Observation Form (Appendix Y). These formal observations will be at least thirty (30) minutes in length. These formal observations may take place any time a certificated unit member is performing within the scope of their classroom duties. The number, frequency and duration of the observations may vary with the requirements imposed by the type of class, the needs of the teacher, and individual situation. Formal observations may be preceded by a pre-conference and must be followed with a post-conference between the unit member and the evaluator

10.3.f. The authorized components of data to validate the CSTP include formal classroom observations and:

10.3.f.1. Observations of less than 30 minutes

10.3.f.2. Classroom walk-throughs

10.3.f.3. Lesson plans as designed by the classroom teacher

10.3.f.4. Observation of report cards and progress reports

10.3.f.5. Records of professional development activities as provided by the teacher (Such documentation shall be a part of the evaluation of Standard 6).

State adopted criterion-referenced assessment data shall be used as a part of the formative assessment as described in Standard 5, of the CSTP, “Assessing Student Learning,” and in accordance with the Stull Act, Education Code, 44660-44665.

As stated in Education Code, Section 44662, the summative evaluation of teachers shall not include the use of publisher’s norms (comparative student test results) as established by standardized tests.

Unit member-specific testing data is confidential and shall not be posted or publicly distributed unless otherwise required by law.

10.3.g. Following each formal observation, the unit member will receive written feedback from the evaluator no less than three (3) workdays prior to the post-observation conference. In addition, post observation conferences must be held no later than ten (10) workdays following the formal observation. The unit member shall have the right to comment and have those comments affixed to the said observation report. Additionally, the administrator and the unit member may mutually agree to add or modify comments to the observation form at the time of the post-observation conference.

10.3.h. The unit member will receive a written final evaluation report from the evaluator no less than five (5) workdays prior to the unit member/evaluator conference. A final evaluation report in writing and unit member/evaluator conference will be held at least thirty (30) workdays prior to the last workday of the unit member in the school year in which the evaluation took place. In completing the final report, the evaluator will consider the overall performance in the Standards selected in the initial conference when determining an evaluation rating.

10.3.i. The principal will have the primary responsibility for observations and filing of observation reports. The principal may assign another on-site administrator these duties. For Special Education preschool teachers, the primary responsibility for observations and the evaluation shall be assigned to the Coordinator responsible for the Special Education preschool programs.

10.3.i.1. If another onsite administrator is assigned as the primary evaluator, their signature shall appear on both the observation report(s) and evaluation. The unit member shall be notified of this assignment change in writing.

10.3.i.2. If a designated evaluator is used by the primary evaluator, both signatures shall appear on the observation report(s) and evaluation. The primary evaluator shall use no more than two (2) designated evaluators during the course of the school year

Additional Observation(s)

10.3.i.3. A unit member may request other observations to be conducted by members of the administration (requested to be either on-site or off-site) other than the designated primary administrator. The additional observation(s) shall be evidence used to determine a unit member’s final evaluation.

10.3.i.3.a. For each required observation conducted pursuant to section 10.3.d, a permanent unit member may request and shall receive one (1) additional observation. The permanent unit member may request that such observation(s) be conducted by members of the administration other than the designated primary administrator, including administrators not assigned to the unit member’s work location. Such requests must be in writing, and made within seven (7) workdays of the date of the post-observation conference. The additional observation shall be conducted within twenty (20) workdays of the request. The timelines specified in section 10.4.a.2 and 10.4.a.3 shall not apply to any such additional observation(s). The additional observation(s) shall be evidence used to determine a unit member’s final evaluation.

10.3.i.4. No unit member shall evaluate another unit member.

10.4 Conference / Evaluation Timeline

10.4.a. Permanent Unit

Member

10.4.a.1. Initial conferences for permanent unit members to select the Standards for evaluation shall be held within the first twenty-five (25) workdays of the school year No formal observation shall be conducted in the ten (10) workdays after the initial conference unless otherwise agreed upon between the unit member and administrator

10.4.a.1.a. Permanent unit members will be evaluated on only three (3) CSTP Standards according to the following: Within the first twenty-five (25) workdays of the unit member's work year, the 19

evaluator selects one (1) Standard; the unit member selects one (1) Standard. Additionally, all unit members will be evaluated on Standard 6, "Developing as a Professional Educator."

10.4.a.1.b. The selection of Standards by the evaluator and the unit member shall be made on the Evaluation Standards Selection form, (Appendix X). A copy shall be provided to the unit member and the original copy of this form shall become a part of the Permanent unit member's evaluation form.

10.4.a.2. There must be no less than twenty (20) workdays between an observation post-conference and the next formal observation.

10.4.a.3. There must be no less than twenty (20) workdays between the last post observation conference and the final evaluation conference. The final written evaluation shall be received no less than five (5) workdays before the evaluation conference.

10.4.a.4. The final evaluation conference must be held no later than thirty (30) days prior to the end of the unit member’s work year

10.4.b. Probationary / Temporary Unit Members

10.4.b.1. A probationary/temporary unit member's first formal observation must be held within the first thirty (30) workdays of the unit member's work year.

10.4.b.2. There must be no less than twenty (20) workdays between a post observation conference and the next formal observation.

10.4.b.3. There must be no less than fifteen (15) workdays between the last post observation conference and the final evaluation conference. The final written evaluation shall be received no less than five (5) workdays before the evaluation conference.

10.4.b.4. The final evaluation conference must be held no later than thirty (30) workdays prior to the end of the work year.

10.5 Referrals to the PEER Assistance and Review Program (PAR)

10.5.a. Using the CSTP Standards, unit members of permanent status shall be referred to the Peer Assistance and Review Program (PAR) as follows:

10.5.b. Zero (0) or one (1) “Does Not Meet CSTP” ratings on the three identified Standards shall result in no referral to PAR.

10.5.c. Two (2) “Does Not Meet CSTP” ratings on both the unit member chosen Standard and the administrator chosen Standard of the three identified Standards shall result in a referral to PAR as a “Voluntary Participating” teacher The unit member must complete the process, but no records are kept and no legal provisions of the California PAR provisions have effect. If in the next consecutive evaluation, the unit member receives fewer than two (2) “Does Not Meet CSTP” ratings there shall be no referral to PAR.

10.5.d. Three (3) “Does Not Meet CSTP” ratings on the three identified Standards shall result in mandatory referral to and participation in PAR. If in the next consecutive evaluation, the unit member receives fewer than two (2) “Does Not Meet CSTP” ratings there shall be no referral to PAR.

10.5.e. “Does Not Meet CSTP” Evaluation Rating

10.5.f. For a unit member to receive a “Does Not Meet CSTP” rating on a Standard, at least three (3) of the elements in that Standard must be marked “Does Not Meet CSTP” based on validating evidence.

10.6 Bilateral Joint Committee

10.6.a. The success and effectiveness of the evaluation process is dependent upon appropriate, joint bilateral training provided by the Association and the District. The District and the Association agree to establish and operate jointly a Bilateral Evaluation Committee. This committee’s purpose is to design and implement a training program relating to the evaluation program; process, form and language. The Evaluation Committee (outlined in 10.6.b) shall set up a schedule of training.

10.6.b. The Evaluation Committee will consist of three (3) FSUTA members, two (2) site administrators, and one (1) district office administrator and will monitor and determine the content of the training and needs to support the Evaluation Program. FSUTA members of the Evaluation Committee shall be selected by FSUTA. Management members of the Evaluation Committee shall be selected by FSUSD.

10.6.c. The Association shall identify one (1) FSUTA member for each elementary school, two (2) for middle school and three (3) for high school, at each school site, to work in conjunction with the site principal to train and provide assistance to unit members during the work day regarding program, process, forms and contract language.

10.6.d. The administrators and FSUTA members identified in section 10.6.C. shall attend two (2) hours of joint training regarding the evaluation program process, forms and contract language, to be conducted jointly by the Association and the District. This training will be provided within the contracted workday of the FSUTA members, or if outside the workday, unit members shall be compensated at their per diem rate. This training shall occur after February 1st and before May 1st of every year

10.6.e. Administration and FSUTA members identified in section 10.6.C shall provide training at their individual school site regarding the evaluation program process, forms and contract language as noted in 10.3.b. This training will be provided within the contracted workday of the unit members as per Article 10. The training need not be consecutive. The Bilateral Evaluation Committee will determine the content of the training.

10.6.f. The District shall provide an additional one and one half (1.5) hours of training to Administrators regarding the evaluation program process, forms and contract. An additional one hour shall be provided for all new administrators.

10.6.g. The committee can make no changes in the evaluation process as outlined in this Agreement. The committee may make recommendations to the Association and the District regarding the evaluation process.

10.7 See Appendix AA for Self Evaluation MOU and correlating Self Evaluation Tool form.

Article 11 - Personnel Files

11.1 There shall be a single personnel file for each unit member. Personnel files shall be kept in the central administrative office of the District.

11.2 Materials in the personnel file of a unit member, except as noted below, shall be made available for inspection by the unit member involved. Upon written authorization signed by the unit member, an Association representative may review the unit member’s file or accompany the unit member in their review of the file. Material which may be excluded from inspection shall be limited to ratings, reports or records which:

11.2.a. Were obtained prior to the employment of the unit member involved.

11.2.b. Were prepared by identifiable examination committee members.

11.2.c. Were obtained in connection with a promotional examination.

Unit members shall have the right to inspect and obtain a copy of personnel file materials upon request.

11.3 Information of a derogatory nature, except material excluded in accordance with Section above, shall not be entered or filed unless and until the unit member is given notice and an opportunity to review and comment thereon. A unit member shall have the right to enter, and have attached to any such derogatory statement, their own comments thereon. Such review, and any reasonable preparation of comments in response to the material and/or statement, shall take place during normal business hours. The unit member shall be released from duty for a maximum of one-half (1/2) day per review without salary reduction. If the unit member alleges that the material is false or based on unsubstantiated information or rumor from any unidentified source, a grievance may be initiated to determine the validity of such material. If such material is determined to be false or based on unsubstantiated information or rumor from an unidentified source, it shall be removed.

In the event the District fails to comply with the provisions of this section, such material shall not be allowed as evidence in any disciplinary action against the unit member or used by the District in any grievance filed by the unit member

11.4 All material placed in a unit member’s personnel file shall be dated and signed by the person who caused the material to be prepared.

11.5 Access to a unit member’s personnel file shall be limited to a “need to know” basis. Access authorization must be obtained from either the Superintendent or Assistant Superintendent of Human Resources. The contents of all personnel files shall be kept in strictest confidence. The District shall keep a log indicating the persons who have requested a personnel file. Such logs shall be available for examination by the unit member or their authorized Association representative.

Article 12 - Parent Complaints

A parent complaint is defined as the parent or guardian’s expression of dissatisfaction or concern over the actions of a unit member which is related to the welfare of the parent’s or guardian’s child or children enrolled in said unit member’s class or under their supervision. Parent complaints shall not address the unit member’s instruction of the District-adopted curriculum within the unit member’s assignment. The individual charging the complaint shall hereafter be referred to as the individual complainant. The 23

complaint shall only be considered if the event that initiated the complaint took place within the preceding twenty five (25) workdays. The resolution of complaints made during the last twenty five (25) workdays prior to the unit member’s vacation may, at the option of the unit member, be suspended for the period of vacation. An individual parent or guardian of a student in the District lodging a complaint concerning a unit member must do so by adhering to the following procedure in presenting such a complaint.

12.1 For purposes of this section, a “day” is defined as a day that the unit member is required to render service to the District.

12.2 Informal Procedure

12.2.a. The individual complainant shall first meet informally with the unit member on an individual basis to discuss the concerns of the individual complainant and constructively work to resolve the matter. If the principal or immediate supervisor is contacted by the parent, they shall direct the parent to the unit member involved or inform the unit member of the nature of the contact. Either the individual complainant or the unit member may request the immediate supervisor to be present during the informal procedure. If present, the immediate supervisor may act as a facilitator during the informal procedure. The immediate supervisor shall act only as a facilitator, and not as an advocate during the informal procedure.

12.2.b. If the Superintendent or another member of the management team is contacted by an individual parent, they shall direct the parent to the unit member’s immediate supervisor. The immediate supervisor will within two (2) workdays inform the unit member involved of the nature of the contact.

12.2.c. If the concern is brought to the attention of the unit member in writing on the proper form prior to the end of the day, the unit member shall have the option of not returning to the classroom for the remainder of the day. In the event the concern is brought to the unit member before the school’s lunch period and providing the District is able to secure a qualified substitute, the employee will be allowed to leave school for the remainder of the day with no loss of leave.

12.2.d. If the matter is not resolved at the informal level, the formal procedure shall be implemented.

12.2.e. The unit member shall have the right to appeal the principal or immediate supervisor’s decision to the Assistant Superintendent of Human Resources.

12.3.a. If the individual complainant is not satisfied with the resolution of the matter, they shall prepare the complaint in writing on a form developed jointly by the District and Association within twenty five (25) days of notification of proposed resolution and submit it to the principal or immediate supervisor who will notify the unit member involved within two (2) days. The immediate supervisor may arrange a meeting with the complainant and unit memberThe immediate supervisor shall investigate the matter of concern stated in the complaint and submit a written response to the complainant and the unit member within ten (10) workdays. The response shall be discussed at a joint meeting of the immediate supervisor, the complainant and unit member The immediate supervisor shall act as recorder and facilitator in the process. The immediate supervisor shall determine if a record of the incident merits placement in the unit member’s file. If the complaint is dropped due to lack of merit, no written report shall be placed in the unit member’s file. No material may be placed in a unit member’s file or used in any disciplinary procedure unless such material has been submitted to the unit member for inspection and signature. The unit member also has the right to attach a rebuttal.

12.3.b. If the individual complainant or unit member is not satisfied with the proposed resolution, they may within ten (10) workdays appeal the principal’s or immediate supervisor’s response to the Assistant Superintendent of Human Resources or their designee. The Assistant Superintendent of Human Resources or their designee shall review the complaint and may repeat the process outlined in Article 12.3.a or concur with the finding(s) made pursuant to that provision. They shall have ten (10) workdays to set up a meeting or to respond in writing. They shall also decide to place the complaint in or exclude the complaint from the unit member’s file under the provisions of Article 12.3.a.

12.3.c. If the individual complainant or unit member is not satisfied with the proposed resolution, they may within ten (10) workdays appeal the Assistant Superintendent of Human Resources or designee’s response to the Superintendent or their designee. The Superintendent or their designee shall review the complaint and may repeat the process outlined in Article 12.3.a or concur with the finding(s) made pursuant to the provisions of Article 12.3.b. They shall have ten (10) workdays to set up a meeting or to respond in writing. They shall also decide to place the complaint in or exclude the complaint from the unit member’s file under the provisions of Article 12.3.a.

Article 13 - Employee Discipline

13.1 The District retains the right to take appropriate action to discipline unit members. Notwithstanding other provision(s) of this agreement, no unit member shall be disciplined without just cause, due process, and the utilization of progressive discipline. This will not apply to non-reemployment of probationary employees and to the release of temporary employees.

The following just cause guidelines shall be recognized:

13.1.a. The employee should be informed of the consequences of their conduct.

13.1.b. Contract stipulations, district regulations and policies, Education Code, and state law shall be the basis for disciplinary action.

13.1.c. An investigation should reveal the necessity for disciplinary action.

13.1.d. Rules, orders, and penalties should be applied fairly and equitably.

13.1.e. Disciplinary action should be appropriate and reasonably related to the nature of the offense.

13.1.f. The District shall have the right to skip any step of progressive discipline in the event the unit member has committed a serious offense including assault, theft, crimes of moral turpitude, personal non-permissive use of District property, conviction of a felony, and falsifying information to the District.

13.2 The District shall notify the Association concurrently with notification to the unit member of any disciplinary action taken beyond Written Warning. Otherwise, all information and/or proceedings regarding any actions shall be kept confidential by the District.

13.3 Any disputes arising out of the application of this article shall, at the discretion of the Association, be submitted to grievance as provided in Article 9 (Grievance Procedure) of this agreement.

13.4 This article shall be administered in accordance with applicable state and federal laws.

13.5 No unit member shall receive more than one (1) penalty for any single action or infraction.

13.6 The stages of the Progressive Disciplinary Process are:

13.6.a. Informal Level: Once the employee has been informed of the consequences of their conduct, documentation will be provided to the employee within one (1) workday

13.6.b. Formal Level: In the case of a second similar and separate action or infraction, a Written Warning notice may be issued to the employee. If a Written Warning is issued, documentation will be provided to the employee within one (1) workday The District shall notify the Association of the issuance of a Written Warning within three (3) workdays.

13.6.c. Written Reprimand: In the case of a third similar and separate action or infraction, a Written Reprimand may be issued to the employee. If a Written Reprimand is issued, documentation will be provided to the employee within three (3) workdays.

13.6.d. No notices or documents prior to a Written Reprimand shall be placed in the employee’s personnel file.

13.6.e. An employee may attach their own statement to any documentation in the Progressive Disciplinary Process.

13.6.f. Reprimands shall be based upon verified data.

13.6.g. The sequence from the Informal Level through Written Reprimand must be within two hundred and twenty (220) workdays except for the provision of Article 13.1.f.

13.6.h. No suspension shall be ordered for any unit member unless they have first been given one (1) Written Reprimand about a similar and separate action or in-fraction within the past two hundred and twenty (220) workdays except for the provision of 13.1.f. Any such suspension shall be based upon verified data. A copy of all suspension orders shall be given to the unit member and placed in their file by the Assistant Superintendent of Human Resources. Suspensions will be approved by the Assistant Superintendent of Human Resources.

13.6.i. No suspension in excess of one (1) day shall be ordered for any unit member unless they have already been suspended for a similar and separate action or infraction during the unit member’s current work year and/or the unit member’s immediately preceding work year except for the provisions of Article 13.1.f. Any such suspension shall be based upon verified data.

13.6.j. Suspensions may be without pay, but shall not reduce or deprive the unit member of seniority or other rights or any fringe benefits. No suspension shall exceed five (5) working days in duration.

13.6.k. By mutual consent, a unit member may have their salary withheld in lieu of suspension.

13.6.l. An employee may be immediately suspended by the District without pay until a bond is posted under provisions of Education Code Section 44940. An employee may be suspended with or without pay pending a hearing when they have been charged with the commission of a felony, or for drunkenness, substance abuse, or theft of District property.

13.7 Prior to any suspension, the Superintendent or designee, except for 13.6.l above, shall give notice to the unit member no less than five (5) days prior to the imposition of suspension. Such notice shall include:

13.7.a. A copy of this article.

13.7.b. The proposed disciplinary action.

13.7.c. A specific statement of the act(s) or infraction(s) upon which the disciplinary action is based.

13.7.d. Where applicable, a statement of the rules, regulations, or statutes which the unit member is alleged to have violated.

13.7.e. The notice shall be in writing and be served on the unit member personally or by United States registered mail addressed to the unit member at their address as recorded with the District.

13.8 Any unit member is entitled to be represented by the Association at any state of disciplinary action.

13.9 If, after having been disciplined, a unit member serves the District for twelve (12) months without the need for further disciplinary action, upon request they shall be given a follow-up notice to that effect which shall also be attached to any original notice that may have been placed in their personnel file. Those being disciplined within provision 13.1.f. will receive such notice after twenty-four (24) months.

Article 14 - Peer Assistance and Review (PAR)

14.1. It is the intent of the District and the Association to provide the highest possible quality education for the students of this community. In order for students to succeed in learning, teachers must succeed in teaching.

Teachers referred to or who volunteer for the Peer Assistance and Review Program (PAR) are viewed as valuable professionals who deserve to have the best resources available to assist them in improving performance to a successful standard at or above the California Standards for the Teaching Profession.

The Program resources shall be utilized in the following priority: first, for Referred Participating Teachers; second, for Beginning Teacher Support and Assistance (BTSA); and third, for Voluntary Teachers.

Definitions for Purposes of This Article:

14.1.a. "Classroom Teacher" or "Teacher"

Any certificated bargaining unit member.

14.1.b. "Referred Participating Teacher"

A teacher with permanent status who has received a referral to PAR according to the provisions of Article 10.5.

14.1.c. "Beginning Teacher"

Any unit member having probationary or temporary status

14.1.d. "Voluntary Participating Teacher"

Any permanent teacher who applies to participate in PAR, or a teacher referred to PAR according to Article 10.5.b.

14.1.e. "Consulting Teacher"

A bargaining unit member meeting the requirements of the job description (See Appendix CC) who is selected by the PAR Joint Committee to provide Program assistance and who has no administrative duties.

14.1.f. "Evaluator"

An administrator assigned by the District to evaluate a certificated teacher

14.1.g. “Term”

The term of assistance for the PAR Program shall be determined by the Consulting Teacher with the approval by the PAR Joint Committee. The term may be extended up to two (2) work years with the approval of the PAR Joint Committee.

14.1.h. “Improvement Plan”

A collaborative plan written by both the Consulting Teacher and the Referred Participating Teacher designed to assist the Referred Participating Teacher in meeting the California Standards for the Teaching Profession (CSTP) on the Certificated Personnel Evaluation Form.

14.1.i. “Term of Service”

The five-year length of time a unit member may serve as a Consulting Teacher See Appendix CC.

Peer Assistance and Review (PAR) Joint Committee

14.2.a. In accordance with Education Code Section 44502, the Peer Assistance and Review Joint Committee shall be composed of six (6) teachers and five (5) administrators.

14.2.b. Teacher members of the PAR Joint Committee shall be selected by FSUTA.

14.2.c. Management members of the PAR Joint Committee shall be selected by FSUSD.

14.2.d. Representation to the Joint Committee shall be made with staggered terms to provide continuity of representation.

14.2.e. Clerical support to the PAR Joint Committee shall be provided by the District.

14.2.f. The PAR Joint Committee shall establish its own meeting schedule.

14.2.f.1. To meet, two-thirds (9 members) of the members of the Joint Committee must be present.

14.2.f.2. Decisions made shall be by majority vote.

14.2.f.3. Meetings shall take place during the regular workday

14.2.f.4. The committee shall establish its own rules of procedure, including the method for selection of a Chairperson.

14.2.f.4.a. For the first year (2000/2001) there shall be co-chairpersons, one teacher and one administrator.

14.2.f.4.b. For the following years, the chairperson responsibilities shall alternate between a teacher and an administrator

14.2.g. The PAR Joint Committee shall be responsible for the following:

14.2.g.1. Providing annual training for the PAR Joint Committee members.

14.2.g.2. Selection of Consulting Teachers by majority vote.

14.2.g.3. Selecting trainers and/or training providers.

14.2.g.4. Providing training for Consulting Teachers prior to the Consulting Teacher’s work with program participants.

14.2.g.5. Sending confidential, written notification of participation in the PAR Program to the Referred Participating Teacher, the Consulting Teacher and the site principal.

14.2.g.6. Assigning a Consulting Teacher to a Participating Teacher

14.2.g.7. Distributing Article 14 to all FSUTA unit members annually.

14.2.g.8. Establish internal operating procedures necessary to operate the program consistent with AB IX and this Agreement.

14.2.g.9. Establishing a procedure for application and the selection of Consulting Teachers.

14.2.g.10. Determining the number of Consulting Teachers in any school year, based upon participation in the PAR Program, the budget available and other relevant considerations.

14.2.g.11. Approving or denying the requests of voluntary participants based on appropriateness and program capacity.

14.2.g.12. Evaluating annually the impact of the PAR Program in order to improve the program.

14.2.g.13. Making recommendations for the improvement of PAR and BTSA to FSUTA, the Superintendent, and the Board of Education.

14.2.g.14. Forwarding to the Governing Board the names of individuals, who, after sustained assistance, are not able to demonstrate satisfactory performance.

14.2.g.15. Reviewing with the District, on a bi-annual basis the yearly budget to operate the PAR Program, ensuring that all funds provided for by the legislation are utilized exclusively for the program and that expenditures not exceed funds made available through the passage of AB IX.

14.2.g.16. Protecting the confidentiality and custodianship of all PAR Joint Committee records and communication.

14.2.g.17. Functioning as the advisory committee for the BTSA Program.

Responsibilities of the Referred Participating Teacher

14.3.a. Write the Improvement Plan collaboratively with the Consulting Teacher.

14.3.b. Cooperate in multiple observations by the Consulting Teacher

14.3.c. Confer and collaborate regularly with the Consulting Teacher.

14.3.d. Make consistent effort to work toward meeting performance goals, as written in the Improvement Plan.

14.3.e. Participate in activities such as observations, workshops, visitations, conferences, and coursework as recommended by the Consulting Teacher and consistent with the Improvement Plan.

14.3.f. May prepare written comments for the review of the PAR Joint Committee.

Responsibilities of the Volunteer Participating Teacher

14.4.a. Write an Improvement Plan collaboratively with the Consulting Teacher

14.4.b. Cooperate with classroom observations by the Consulting Teacher.

14.4.c. Confer and collaborate with the Consulting Teacher.

14.4.d. Make consistent effort to work toward meeting performance goals as written in the Improvement Plan.

14.4.e. May participate in activities such as observations, workshops, visitations, conferences, and coursework as recommended by the Consulting Teacher and consistent with the Improvement Plan.

14.4.f. There shall be no report on the outcome of the participation by the Voluntary Teacher.

14.4.g. Voluntary participation in PAR shall not preclude a referral to PAR, if recommended through the evaluation process.

14.4.h. Participants referred to the voluntary track of PAR pursuant to Article 10.5.b must complete their Improvement Plan.

Responsibilities of the Consulting Teacher

14.5.a. Shall provide assistance to teachers on their caseloads in the following areas: reviewing curriculum, strategies for effective classroom 32

management techniques, record keeping, planning for instruction, and instructional strategies.

14.5.b. Shall develop an Improvement Plan for each of their assigned Referred or Voluntary Participating Teachers in cooperation with the Voluntary or Referred Participating Teacher. The Consulting Teacher, the evaluator, and the Referred Participating Teacher will meet to review the Plan and will work to support the implementation of the Improvement Plan.

Shall meet with their assigned Referred or Voluntary Participating Teachers on a regular basis.

14.5.c. At the end of the time period specified in the Improvement Plan, the Consulting Teacher shall complete a written report describing the teacher’s participation in the Program. This report shall consist of: (1) a description of the assistance provided by the Consulting Teacher; and (2) a description of the Referred Participating Teachers participation in the implementation of the Improvement Plan. This report shall be given to the Referred Participating Teacher and submitted to the PAR Joint Committee. The Referred Participating Teacher may also prepare written comments for the review of the PAR Joint Committee which shall be considered concurrently with the Consulting Teacher’s report.

14.5.d. Consulting Teachers may find that there is additional expertise beyond their scope of experience and training that should be provided to the Referred or Voluntary Participating Teacher In this case, with approval from the PAR Joint Committee, the Consulting Teacher will develop a plan to utilize the expertise of the unit member(s) to assist the Participating Teacher. The Plan will, at a minimum, include the subject area expertise needed, person(s) recommended to provide expertise, and the length of time required for assistance. The unit member providing the expertise shall be provided release time or paid at a per diem rate of pay for their services outside of their workday/work year.

Other Provisions

14.6.a. All proceedings and materials related to evaluations, reports and other personnel matters shall be strictly confidential. Therefore, PAR Joint Committee members and Consulting Teachers may disclose only such information as necessary to administer this article.

14.6.b. Members of the PAR Joint Committee and Consulting Teachers who provide assistance and review shall have the same protection from liability and access to an appropriate defense as other public school

employees pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.

14.6.c. At the end of the year, all records regarding the PAR Program shall be forwarded to the Human Resources Department and shall be filed separately from the individual personnel records, except as allowed under this Program. The Referred and Voluntary Participating Teachers shall have complete access to all reports concerning their participation in the PAR Program. At the end of the work year or the end of their participation in PAR, the Voluntary Participating Teachers will receive all copies of the reports and observations written during their participation in PAR.

14.6.d. The District Human Resources Office shall maintain records regarding the terms of service of Consulting Teachers and shall notify the PAR Committee of pending vacancies due to the expiration of service terms. Additionally, the Human Resources Office shall notify the PAR Committee if a vacancy occurs between any terms of service.

Article 15 - Support Provider

15.1. The Support Provider position will provide assistance to District unit members who currently hold a Provisional Intern Permit (PIP), Short Term Staff Permit (STSP), Waiver, or Intern Credential and are not eligible for the District’s Induction Program. The job description is shown in Appendix BB of the Collective Bargaining Agreement.

The Support Provider must be located at the same school site as the beginning teacher Whenever possible every effort will be made to assign a Support Provider with at least five (5) years teaching experience that holds the same credential and has had similar if not identical experience in the same assignment as the PIP, STSP, Intern or Waiver holder’s assignment. A stipend of $2,000 shall be provided annually for each teacher that they serve with a caseload maximum of three (3) beginning teachers.

Article 16 - Teacher Support Service (Text located in Appendix V)

16.1. The provisions of this article are superseded by Article 14. Appendix V will not become an Article in this agreement and will not be in effect unless and until State funding for the Peer Assistance and Review Program (PAR) is eliminated and the District no longer participates in the PAR Program as outlined in this Agreement.

Article 17 - Safety

17.1 Safe Working Conditions

17.1.a. Unit members shall not be required to work in unsafe and/or unhealthy conditions or to perform tasks that endanger their health, safety, or well being.

17.1.a.1. The site administrator shall post a schedule for the cleaning of unit members’ work areas developed by the District. The schedule shall include tasks to be performed and the frequency of such tasks. Unit members whose rooms are not cleaned according to the cleaning schedule shall report the problem to the site administrator for a response and/or correction in a timely manner.

17.1.a.2. Emergency heating equipment will be made available upon request.

17.1.a.3. Each classroom will be provided a two-way communication system that permits immediate access to the site office. Such a system must be maintained in good working condition at all times. Each Site Administrator will develop and implement a plan for emergency communications between the classrooms and the site office.

17.1.a.4. All alarms and bells shall be functioning and audible in all work areas. Bell decibel levels which are painful to unit members or students shall be reported to the site administrator for a response and/or correction. The response shall include actions taken by the site administrator to investigate the bell decibel level problem, and an explanation as to why bell decibel levels were or were not adjusted.

17.1.b. Upon notification, the District shall eliminate or correct any confirmed unsafe or hazardous condition within five (5) days. Failure to do so will result in the unit member’s or Association’s right to initiate the grievance procedure at Level III.

17.1.c. The District shall comply with provisions of the California Occupational Safety and Health Act, as amended (California Labor Code 6300, et seq.) and regulations thereto (8 California Administrative Code Section 330, et seq.).

17.1.d. The District shall provide the Association with the initial notice of inspection and the final results of the CAL-OSHA investigation.

17.1.e. The Association shall be entitled to appoint up to three (3) representatives to sit as members of the District Safety Committee.

17.1.f. Each school site shall maintain a safety plan. Copies of this plan shall be available for review at the school site office and will be provided to each bargaining unit member at his or her site, or sites.

17.1.g. The District shall provide and maintain in each classroom an emergency first aid kit including latex gloves and basic first aid supplies. Classrooms that are in regular use in the evening shall be provided with a flashlight and working batteries or other emergency lighting. A unit member may request from the site administrator that additional items, unique to the work location, be added to the first aid kit for their classroom. If the request is denied at the site level, the unit member may appeal the decision to the District Safety Administrator or designee. The District Safety Administrator or designee shall respond to the appeal within ten (10) working days. If this request is denied by the District Safety Administrator or designee, the unit member can appeal to the District Safety Committee.

17.1.h. The District will provide advance notice, at least 24 hours or greater, of any maintenance work scheduled (non-emergency) for their classroom or the surrounding areas. On a case-by-case basis, if scheduled maintenance work can be completed prior to the requirement of a 24 hour notice, individual unit members may waive the advance notice requirement of this section. Upon completion of work, areas affected by the maintenance shall be cleaned and returned to its original configuration prior to the work, unless changing that configuration is needed for safety. If the configuration is not returned to its original condition for safety reasons, the reason shall be provided in writing to the teacher upon completion of the work.

17.1.i. The District shall maintain heating, ventilation, and air-conditioning systems (HVAC), including regular replacement of filters. A schedule of recorded dates of filter changes for each HVAC unit, and a due date for the next change, shall be available, upon request, from the site administrator or designee.

17.1.j. Unit members will notify the site administrator, in writing, of pest infestations. These reports will be forwarded to the Maintenance Department for response. The Maintenance Department will respond to

such reports and make reasonable efforts to rid facilities and/or grounds of such infestations. If insecticides or poisons are used, the District shall provide the legally required advance notice of application (ordinarily 72 hours) which shall contain information required by law, including the names of the chemicals used. The District shall apply such chemicals only at times when unit members and pupils are not present, allowing sufficient time for toxic effects to wear off before humans re-enter the affected area.

17.1.k. In the event that mold abatement work is completed, appropriate follow up tests will be conducted.

17.1.l. Each school site Safety Plan shall annually evaluate potentially dangerous traffic patterns on the school site. The site administrator shall present problems and possible remedies relating to such traffic patterns to the District Safety Committee and/or the Maintenance Department for response and possible action.

17.1.m. Upon written request by FSUTA, the District shall provide requested data and information that would contribute to the implementation of this Article. Such response shall ordinarily be made within five (5) working days. The District and the Association may agree to extend the time for a response.

17.1.n. Each site administrator shall develop a procedure for controlling and monitoring visitor access to campus. A copy of the procedure shall be given to each unit member.

17.1.o. At the Elementary school sites, site administrators and staff shall work collaboratively to ensure that teachers have morning and after lunch breaks so that unit members may use the restroom. The break times can include non-duty recess breaks, and/or release time.

17.2 Student Discipline

17.2.a. A unit member may suspend a student from their class for reasons stated in California Education Code for a maximum of two (2) days (the day of suspension and the day following). The unit member shall comply with all suspension regulations including contacting the parent for a conference regarding the suspension. If necessary the teacher will be released from class to make the parent contact.

17.2.a.1. The student shall not be returned to the bargaining unit member’s class during the period of suspension without the concurrence of the unit member and the principal.

17.2.a.2. The student shall not be placed in another regular class during the period of suspension. If the pupil is assigned to more than one class per day, this section shall apply only to classes scheduled during the same time as the class from which the student was suspended.

17.2.b. When a teacher is acting in a supervisory capacity, consequences for student infractions incurred in relation to this responsibility will be decided by the principal. The principal, vice principal or teacher-in-charge shall be responsible for appropriate disciplinary action when students are referred by a unit member for discipline.

17.2.c. Unit members may refer students to the administration for discipline, including a suggestion of the length of suspension from school or other level of discipline to be imposed in compliance with Board policy. If a site administrator chooses an alternative consequence, other than the one recommended by the teacher, upon written request from the teacher, the administrator shall inform the teacher, in writing, of the reasons for choosing the alternative consequence.

17.2.d. A teacher, vice principal, principal, or any other certificated employee of a school district, shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of their duties, of the same degree of physical control over a student that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of students, or to maintain proper and appropriate conditions conducive to learning (Education Code Section 44807).

17.2.e. FSUSD and FSUTA will create a Student Behavior Safety Committee which will meet four (4) times a year and discuss the District’s disciplinary practices, data, and student outcomes. The Committee will include an equal number of appointed members from FSUSD and FSUTA.

17.3 Suspension Notification

Following a site suspension, the site administration or designee will communicate to the student’s teacher(s) and known service provider(s) the length of suspension, the anticipated return date, and code violation(s). If a staff member has questions about a student assigned to them, the staff member should schedule a time to speak with the site administrator or assigned clerical staff for additional information.

17.4 Reporting to Unit Members Regarding Violent and Dangerous Students

The district shall inform the teacher(s) of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in any of the subdivisions, except subdivision (h), of Section 48900 or in Section 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in those acts. The district shall provide the information to the teacher(s) based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section.

17.4.a. For purposes of this section, “each unit member at a site” means all unit members who may encounter a student in the course of their normal responsibilities, both during the school day and during any adjunct duties.

17.4.b. Information in the District’s possession requiring notification under article 17.3 above for students newly enrolled in a unit member’s class shall be provided to the unit member as soon as possible by the principal or designee.

17.4.b.1. For students transferred from another District classroom, the information shall be provided not later than two (2) days after a student is enrolled in a unit member’s class or site.

17.4.b.2. For students new to the District, the information shall be provided as soon as possible, but not later than two (2) days after the District receives the information.

17.4.c. This procedure shall be provided to and discussed with all unit members at the beginning of each school year and to newly employed unit members within the first week of employment by the unit member’s supervisor.

17.4.d. All notices in Article 17 shall contain the name of the student, the infraction listed by the current discipline code used in the District’s information system and the date of each incident. It shall be provided to each new unit member prior to their first contact with students.

17.4.e. Principals or their designee(s) shall input student’s actions that are grounds for suspension or expulsion into the student information system, update this information weekly and provide it to unit members weekly All notices shall be emailed to the unit member’s District issued email address.

17.4.f. The District shall take responsibility to review student records upon receipt to determine the necessity of notification and a monitoring system to ensure that the appropriate procedures are being implemented.

17.4.g. Per Education Code 44014, whenever any employee of the school district or of the office of a county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the employee, and the duty of any person under whose direction or supervision the employee is employed in the public school system who has knowledge of the incident, to promptly report the incident to the appropriate law enforcement authorities of the county or city in which the incident occurred.

17.4.h. Each site may maintain a compendium/binder of all lists of notifications issued within the school year to unit members for unit members’ access and review. However, such a compendium/binder, if utilized, shall be secured in a manner to effect and maintain the privacy and confidentiality of all student data therein.

17.4.i. Unit members shall maintain the privacy and confidentiality of all student records provided in accordance with the law and these procedures.

17.5 Assault or Battery

17.5.a. Unit members shall immediately report cases of assault or battery suffered by them in connection with their employment to their principal or immediate supervisor Both have a duty to report the incident to the police as soon as possible. Such notification shall immediately be forwarded to the Superintendent. The supervisor shall comply with any reasonable request from the unit member for information in the possession of the District relating to the incident or the persons involved, and shall act in appropriate ways as liaison between the unit member, police, and courts.

17.5.b. The employer shall reimburse unit members for any and all costs incurred as a result of battery or any acts of violence committed against the unit member, in connection with their employment, and for all related medical costs not covered under insurance benefits or worker’s compensation. The maximum reimbursement amount for any one occurrence will be $1,000.

17.5.c. The employer shall provide full support in criminal litigation, including legal and other assistance, to unit members who may be assaulted while in performance of their duties. The District may choose to hire legal

counsel to defend a unit member if said employee is charged with a crime arising from the assault.

17.5.d. When absence or disability arises out of or from assault or battery suffered by a unit member in connection with their employment, the unit members shall suffer no loss in wages or benefits set forth in this agreement.

17.6 Personal Property Protection and Liability Coverage

17.6.a. Personal property used in classrooms or workspaces, valuing more than $100.00, shall be declared on an annual personal property inventory sheet and submitted to the site administrator no later than the last business day of August.

17.6.b. Unit members will be reimbursed the replacement value, or insurance deductible (whichever is less), of damaged, destroyed, vandalized, or stolen personal property (excluding money) in excess of $20.00 and up to a maximum of $500.00 per occurrence providing the member was acting in proper discharge of their duties and exercising prudent care of such articles. The exception to the $500.00 reimbursement limit shall be for personal computers which will be subject to a $1,000.00 reimbursement limit. A proof of cost or value must be submitted with the claim. Subject to District approval, the District will pay the cost of any required estimate or appraisal to repair or reimburse.

17.6.c. Such indemnification shall be limited to losses incurred as a result of vandalism or burglary for personal items brought to the workplace. Any individual item exceeding $100.00 in value shall be declared on an annual personal property inventory filed with the site administrator (see Article 17.6.a) with site administrator’s approval. The form for such declaration shall be attached to the District’s claim form. Normally, District liability shall not exceed $500.00. Up to $1,500.00 may be authorized under special circumstances by the Chief Business Officer/Fiscal Services.

17.6.d. Reimbursement for vehicle damage shall be limited to payment of the deductible amount of the employee’s insurance policy and shall not exceed $1,000.00 resulting from malicious acts while a vehicle is parked on or contiguous to school or other premises of the District. The District will only be liable for payment if the damage to the vehicle is a direct result of the employee’s discharge of their professional duties.

17.6.e. An agreement to this article does not preclude the unit member’s right to seek damages from the District in a court of law.

17.7 Specialized Health Care

17.7.a. The school nurse or other qualified and trained personnel shall be the only person(s) to provide and conduct necessary specialized physical health care procedures including, but not limited to, catheterization, injections, ostomy care (ileo, colo, gastro, tracheo), suctioning, draining, and gavage feeding.

17.7.b. No other bargaining unit member shall be required to perform or required to attend training for such specialized health care.

17.7.c. The District shall indemnify and hold harmless from all liability bargaining unit members who perform such procedures.

18.1 Definitions

Article 18 - Assignment and Transfer

18.1.a. A transfer is the movement of a certificated person to a different school.

18.1.b. An assignment is the position of a certificated person within a school.

18.1.c. A reassignment is a change of position within a school or within the Special Education Department.

18.1.d. A certificated vacancy is an unfilled certificated position.

18.1.e. A day is a day the District is open for business, unless otherwise specifically noted in this article.

18.2 Procedure for Reassignments, Voluntary Transfers, and Filling Vacancies

18.2.a. When a certificated position becomes available for reassignment, the position will be emailed to all certificated members assigned to the school. Within three (3) days of notification, any unit member assigned to the school may volunteer for the position.

18.2.b. Personnel assigned to more than one site, shall be assigned a site as home base on or before the 20th workday of each school year The site designated would usually be the site at which they are evaluated and/or spend the majority of their time. At the designated site, these personnel would be allowed to interview as in-house candidates provided they are credentialed for the position for which they are interviewing. Assignment of staff working at more than one site shall be considered a reassignment under this article.

18.2.c. Within three (3) days of notification, any unit member assigned to the school may volunteer for the vacancy If the principal appoints the volunteer to the vacancy, the vacancy closes.

18.2.d. A description of the vacancy still available after completion of Article 18.2.c. shall be emailed to all unit members and posted on the District web site for a period of five (5) days. It shall be the unit member’s responsibility to provide email contact information to the District through electronic means and follow instructions concerning openings. The District shall email specific directions on how to update their contact information using the District’s electronic portal to all bargaining unit members annually by February 1st.

18.2.e. If the vacancy still exists after Article 18.2.d. above, the Superintendent or designee may assign a newly-hired person for the vacancy.

18.2.f. After April 15th, preferential treatment shall not be given to anyone.

18.3 Criteria and Procedures for Involuntary Reassignments and Involuntary Transfers

18.3.a. In determining reassignments and transfers due to reduction in workforce, declining enrollment, or restructuring/reconfiguring, the following criteria (in descending order of importance) shall be used:

18.3.a.1. Credential/authorization/certificate

18.3.a.2. Length of service to the District

18.3.a.3. Demonstrated special skills

18.3.a.4. Staffing balance

18.3.b. When a particular school is to be closed, as determined by Governing Board action, or program eliminated, unit members will be given first preference to select from new or vacant positions within the District. Unit members will select positions based upon District seniority as outlined in item, Article 18.4 below If the Board rescinds the action (e.g., site closing) before the beginning of that school’s next school year, displaced unit members will have the right to return to their original position and/or site.

18.3.c. It is agreed that the District will make involuntary transfers and involuntary reassignments according to the following site bands: Elementary unit members shall be assigned within bands. “Bands” as described herein shall be defined as grade levels (K-3), grade levels (4-5) and grade levels (6-8). Unit members at middle and high school

levels shall be assigned according to credential. Involuntary transfers are based on seniority within the band for elementary unit members.

18.3.d. Displacements caused by enrollment fluctuations and Article 21.2 shall be based on seniority within grade level bands or credentialing. Members will be provided a shared document (Google document) or list to make their selection. An FSUTA representative will be present for their selection.

18.3.e. In the event two bargaining unit members have the same seniority date, the last four (4) digits of the members Social Security number will be used. 0000 being identified as the least senior, 9999 being identified as the most senior.

18.4 Procedures for Involuntary Transfers

DATE EVENT

No later than February 1

No later than April 5

Between April 1 and April 15

Between April 15 and April 30 (and in alphabetical order) the following shall

a. Distribution of updated, revised seniority list. Two copies of the list shall be distributed - a copy of the seniority list ordered by hire date for the entire unit and ordered by hire date for unit members at each site by site. These lists shall simultaneously be given to the Association. Each site administrator shall make the list available to all unit members at all times during school hours.

b. Within ten (10) work days after the seniority list is distributed, unit members who report that their seniority date is incorrect shall inform the District for resolution; District informs FSUTA Unresolved disputes shall be resolved in a meeting with the District, FSUTA and the unit member An updated, revised seniority list will be distributed

Site administrators develop assignments for the upcoming school year, based on student projections at that time and notify unit members whose assignment will be different

District identifies and notifies the Association of those sites with anticipated openings of new positions or of excess unit members by no later than April 15, and the anticipated number of excess unit members at those sites. Unit members at those sites are notified in writing of the number of anticipated open positions or excess unit members

a. Impacted unit members and voluntarily displaced unit members provided a vacancy list of current District vacancies with descriptions.

b. Unit members review list for a minimum of five (5) work

occur: days.

c. Impacted involuntarily transferred unit members and voluntarily displaced unit members may select, in seniority order, vacant positions. Selection to take place at a mutually agreeable location, with a FSUTA representative present

d All unit members, including impacted involuntarily transferred unit members and voluntarily displaced unit members who did not select a vacancy, may also seek voluntary transfers

e All bargaining unit vacancies “frozen” – no vacancies filled during this time period for vacancies for which displaced unit members are qualified (appropriate credential)

f The district may fill vacancies as per collective bargaining agreement All unit members, including any involuntarily impacted unit members and voluntarily displaced unit members who did not select a vacancy in may seek voluntary transfers

g District assigns involuntarily transferred impacted and voluntarily displaced unit members who did not select a vacancy into positions for which they are credentialed and qualified Unit members shall be assigned within Bands by seniority “Bands” are defined in section 18.3.c. above. District and FSUTA representatives shall be present for this assigning of positions.

h. If it is determined that positions were not posted or made known to unit members in accordance with these procedures, said positions will be able to be filled by displaced teachers on a seniority basis.

i. If the original position of a displaced unit member becomes vacant, the displaced unit member shall be able to return to their original position at their original school site anytime within the next school year.

The Association and the District may adjust any timeline in this involuntary transfer provision by mutual agreement.

NOTE: (1) As enrollment projections fluctuate or secondary class sections need to be added or deleted, it may be necessary to identify further “impacted unit members” who will then be eligible to select vacancies.

(2) Teachers On Special Assignment (TOSA) and Consulting Teachers positions shall not be filled by using this process (see Appendix CC, and Appendix N).

18.5 Rights

18.5.a. All unit members may apply and interview for any vacancy for which they are qualified after 18.2.a. has been completed. Between the first FSUTA work day, and April 15, of each year, out-of-district applicants shall only

be considered after District Staff who have requested transfer or reassignment have been interviewed.

18.5.b. Prior to February 1 of each year, unit members who have applied and interviewed for a position, were offered and accepted that position shall begin the new position within 30 days of the offer.

18.5.c. Unit members who have been involuntarily transferred or reassigned shall receive, upon request, a written explanation of the transfer or reassignment from the principal or designee.

18.5.d. Unit members who have requested reassignment or transfer and have been denied have the right to request and receive a specific written explanation of the denial from the Assistant Superintendent of Human Resources or designee within seven (7) days.

18.5.e. Unit members who are involuntarily transferred shall be allowed the daily per diem rate of pay equal to three (3) days.

18.5.f. The District shall provide timely assistance in the moving of the member’s materials.

18.5.g. The District shall provide an adequate supply of moving materials (boxes, packing materials, tape, etc.)

18.5.h. The District shall assure that unit members have textbooks, materials, bulletin boards, storage units, instructional displays, desks, chairs, and other classroom furniture in accordance with provisions of Article 33, Professional Working Environment.

18.5.i. After notice and confirmation of their new assignment, unit members shall be included in the site decision-making to the same extent as other staff members.

Article 19 - Workday

19.1 Definitions

19.1.a. The on-site workday for members of this unit shall commence no more than one-half (1/2) hour before the start of the students’ instructional day. The length of the workday for full-time members of this unit, including at least a thirty (30) minute duty-free lunch break, shall be seven and one-quarter (7 1/4) hours per day

19.1.b. Nurses, Speech and Language Pathologists shall work an 8 hour day, inclusive of a 30 minutes duty free lunch.

19.1.c. On Fridays or on workdays preceding holidays, the workday for the unit member will end directly after the end of the instructional day except when required by the administrator to complete regularly assigned duties within a 7 1/4 hour limit. On Fridays or workdays that students are not present, teachers will be permitted to leave 30 minutes prior to the end of the contracted workday

19.1.d. For the purpose of this article, a scheduled absence is a teacher absence which is: (a) arranged in advance by or for the convenience or benefit of the District, or (b) initiated by the teacher at least seven (7) working days before it occurs. In the event of an absence for which the District does not receive notification until the day it occurs, the District shall make a reasonable effort to secure a substitute.

19.1.e. For the purpose of this article, an emergency is an unplanned, unexpected event demanding action on the school day on which it occurs.

19.2 Instructional time shall average the following: LEVEL AVERAGE MINUTES PER DAY

1-3

4-5 and 6-8

7-8 335 minutes ** to include passing time up to five (5) passing periods

7-8 310 minutes at Elementary Schools following an elementary model that do not include passing time

9-12 372 minutes ** to include passing time up to five (5) passing periods

* These minutes refer specifically to student instruction time. TK/Kindergarten teachers are expected to work with students during the 7 ¼ hour workday similar amounts of time as other elementary unit members.

** These minutes may not apply to continuation, opportunity, and certain self-contained Special Education classes.

19.3

Monthly Meetings

19.3.a. Staff meetings, department and/or team meetings, directly or indirectly related to teaching assignments, are not to be recognized as adjunct

activities unless the number of these meetings scheduled in each month exceeds one (1) general staff meeting and one (1) department or grade level meeting relating to the teaching assignments. Any staff meeting, department and/or team meetings, directly or indirectly related to teaching assignments that lasts longer than 1 1/2 hours will be counted toward adjunct duty credit per Article 19.3.b.(Appendix Q, page 137)

19.3.b. At the direction of the Principal, full-time unit members may be required to expend additional time for meetings and/or other school activities outside the established teacher workday No unit member shall be required to work more than a total of fourteen (14) hours per year for all activities. Unit members who work more than fourteen (14) adjunct hours shall be compensated at the prevailing contractually appropriate rate. Hours will be counted in half (1/2) hour units. Scheduled activities will be noticed in writing ten (10) working days prior to the activity Any necessary changes of scheduled events or emergency situations would not require ten (10) working days advance notice.

19.3.c. With the approval of the site administrators and the Director of Special Education, Special Education personnel may pursue alternate activities on district staff development days. The alternate activities must be pre-approved by the Director of Special Education.

19.4.

Elementary Progress Reports:

During the first trimester, all students shall receive a progress report. For the second and third trimester, progress reports will be provided for students achieving below proficient as determined by the teacher. Students achieving at or above grade level will have a district progress report that is generated through the district’s progress reporting system in a standard letter format.

19.5.

Elementary Parent Conferences:

There shall be a parent conference for all students at the end of the first trimester. Students who are achieving below proficient as determined by the teacher in the second trimester shall have a parent conference scheduled. Conferences will be granted to parents who make a request regardless of the student’s academic standing.

19.6 Preparation Time

Each elementary classroom teacher (to include elementary P.E., music, art, and elementary school librarians) will be granted work periods within the school day of at least two hundred fifty (250) minutes, excluding passing time, spread over ten (10) days. Secondary teachers will be granted work periods equivalent to an

instructional period of that school. No students will be assigned to the teacher during this work period. In emergencies (other than scheduled absences), the Principal may require the teacher to cover a class on the teacher’s work period. Time spent to cover a class will be reimbursed as in-lieu time per Article 19.10.

19.6.a. Seventh and eighth grade teachers at K-8 schools will receive a preparation period as if they were a 1-6 grade teacher.

19.6.b. Sixth grade teachers at 6-8 middle schools will receive a preparation period as if they were a secondary teacher.

19.7 Collaborative Planning Period

Sites authorized by the bargaining parties may provide a weekly teacher planning period in accordance with the following guidelines:

19.7.a. The planning period will be held either before or after school on Wednesday.

19.7.b. There will be no reduction in instructional minutes per week.

19.7.c. Teachers will be on site and working during the planning period.

19.8 In those cases where a school operates on an extended day schedule, a teacher’s assignment will be composed of consecutively assigned periods.

19.9 Regular part-time employees and job share employees shall be assigned a prorated share of work periods and adjunct activities.

19.10 In-Lieu Service

19.10.a.“In-lieu” is defined as the performance of substitute service by an employee during their assigned preparation period/hour.

19.10.b.In-Lieu Time

19.10.b.1. In-Lieu service shall first be solicited on a voluntary basis. A list of such volunteers shall be maintained by each site administrator The list shall be available for review by the FSUTA site representative. The site administrator shall solicit equitably from the volunteer list first before a unit member is assigned in-lieu duty In the event that no volunteer can be obtained, unit members may be assigned on an equitable basis to perform in-lieu service. However, after a unit member has worked ten (10) periods/hours of in-lieu service in a school year, they shall not be assigned further in-lieu service that year.

19.10.b.2. Secondary teachers shall be compensated at the rate identified on #7 of Appendix A per period of in-lieu service for the first five (5) periods of such service, and shall be compensated at their per diem rate (based on a six (6) period day) for each subsequent period of in-lieu service that year Six (6) instructional periods will constitute one day

19.10.b.3. It is agreed that when a unit member at an elementary model school site is not provided their scheduled preparation time, the missed preparation time will be considered an in-lieu, as defined in 19.10.a above.

These in-lieu periods due to lack of preparation time shall be included in the maximum ten (10) assigned in-lieus per year and paid according to the most recent board approved salary schedule.

After ten (10) in-lieus have been completed for the year, including voluntary, involuntary, and missed preparation time in-lieus combined, unit members at elementary model school sites shall have the following choices when preparation time has not been provided:

1. Unit members may complete a certificated timesheet and receive per diem rate for missed preparations time:

2. Unit members may inform their site administrator they choose to have their preparation time made up within the next ten (10) work days. If this option is chosen, the unit member will be informed of the makeup schedule at least one work day in advance of the rescheduled preparation time.

Missed preparation time shall not be credited as adjunct duty as defined in Article 19.3.b.

19.10.b.4. In-lieu service may be assigned to unit members only in case of emergency or for Extended Day Activities if students enrolled in the period in question are not participating in the activity Unit members may request in-lieu coverage only for emergency situations or for Extended Day Activities if students enrolled in the period in question are not

participating in the activity All in-lieu assignments must be approved by the site administrator or designee.

19.11 Unit members required to attend Individual Educational Plan (IEP) meetings outside of their contractual workday (as identified in section 19.1.a.) shall be compensated according to the curriculum rate identified on #6 of Appendix A.

19.12 Interventions

After school intervention programs shall begin no sooner than ten (10) minutes after the student instructional day The 10 minutes shall be included as part of the 7 ¼ hour workday To be eligible to receive pay for teaching such interventions, a teacher must complete the regularly assigned 7 ¼ hour workday The 7 ¼ hour regularly assigned workday may be completed immediately following the end of the day’s intervention program, or at a time prior to the ordinary start of the workday. The terms of such an agreement must be reduced to writing and signed by the teacher and site principal.

19.13 Extended Day Activities

19.13.a.Extended day activities are defined as those educational functions which are to be performed outside the 7.25 hour workday, and must be completed before or after the duty day. Extended day activities will be reviewed and approved by the District and Association on a yearly basis.

19.13.b.Paid extra-curricular duty assignments will be limited to those duties listed on the Extended Day Activities Salary Schedule and paid according to the Extended Day Activities Salary Schedule. With prior administrative approval, unit members may agree to share salaries and duties.

19.13.c.Extended day activities will be advertised for at least five (5) days before the position is filled. If no applicants are chosen at the primary site or within the District, applicants may be accepted from outside the District. Rejected applicants may request a written explanation regarding their non-selection and that request shall be honored.

19.13.d.Each site will make available a roster of all extended day activities and the amount of supplementary salary each is being awarded.

19.13.e.FSUTA and the District also agree to form a committee with equal representation to consider additions to the extended day activity list. Priority consideration will be given to proposals which are currently being implemented in the District.

19.14 Zero and Seventh Periods

19.14.a.Unit members assigned to a zero (0) or seventh (7th) period shall begin their contract day fifteen (15) minutes prior to the start of their first instructional period of the day.

19.14.b.Unit members at sites with a six (6) period day shall work a 7.25 hour contract day. Unit members at sites with a block schedule may have a contract day longer or shorter than 7.25 hours, however, the contracted workday on a block schedule must not exceed 36.25 contract hours in a five-day work week.

19.14.c.Unit members assigned a zero (0) or seventh (7th) period shall have a schedule composed of consecutively assigned periods per Article 19.8 (inclusive of prep).

19.14.d.Unit members assigned a zero (0) or seventh (7th) period shall not be required to perform in-lieu services during their “off” periods but may volunteer to perform these services. Article 19.10 shall be followed for compensation for in-lieu services.

19.14.e.Unit members assigned a zero (0) or seventh (7th) period shall not be required to attend meetings during their “off” periods but may volunteer to attend meetings and be paid at curriculum rate.

19.14.f. Unit members assigned a zero (0) or seventh (7th) period shall not be required to perform adjunct duties during their “off” periods, but may volunteer to do so with prior approval from the site administrator.

19.14.g.Unit members assigned to a zero (0) period shall be paid curriculum rate for their “off” period to attend monthly mandatory meetings (one general staff meeting, and one department or other meeting relating to their teaching assignment). If the unit member is being otherwise compensated during the “off” period (such as providing in-lieu service) the compensation for the “off” period shall be waived.

19.14.h.Unit members unable to attend monthly mandatory meetings teaching a zero (0) or seventh (7th) period (one general staff meeting, and one department or other meeting relating to their teaching assignment) shall be excused from the meeting. The unit member and site administration shall work together to create a plan to keep the unit member informed of any information presented during the meeting and the ability to participate in the opportunities taking place during the meeting.

Article 20 - Work Year

20.1 The work year for traditional full-time employees of this unit is one hundred eighty-four (184) workdays. The work assignment of individual members for these one hundred eighty-four (184) days shall be determined by the District.

2 School preparation days

180 Instructional days (*)

2 Grades TK-12; report card preparation days

184 Workdays

(*) At the elementary level (TK-6), eight days will be shortened for parent conferences.

20.1.a. At least one of the two (2) school preparation days or equivalent of a full day will be used for individual preparation for work assignment.

20.1.b. Grades TK-12 - Report card preparation days will be used for preparation of student report cards and scheduling parent conferences.

20.1.c. The school administration will not schedule required meetings which conflict with the full-day equivalent of classroom preparation time or report card days.

20.1.d. Back to School Night - Minimum Day

The Friday following Back to School Night shall be a minimum day for all grade levels, hour for hour, across the district.

20.2 The Association and the District agree that they have a mutual interest in promoting effective staff development for unit members.

20.2.a. Definitions:

20.2.a.1. “Professional Development” shall be defined as any training or instruction delivered to a unit member by any method in an individual or a group setting which relates to, but is not limited to:

20.2.a.1.a. areas of District focus;

20.2.a.1.b. instructional methods or methodologies;

20.2.a.1.c. curriculum content, development or assessment;

20.2.a.1.d. delivery of a curriculum;

20.2.a.1.e. techniques or strategies related to the assignment of the unit member;

20.2.a.1.f. topics related to the educational profession; and

20.2.a.1.g. management of educational environments.

20.2.a.2. “Professional Development” shall not be defined as, or included in any:

20.2.a.2.a staff, department, grade level, work group, or similar meeting related to the non-curricular operation of the school district;

20.2.a.2.b. adjunct duty;

20.2.a.2.c. calendar designated instructional workday, preparation day, or minimum day;

20.2.a.2.d. collaborative planning time;

20.2.a.2.e. preparation or release time;

20.2.a.2.f. meeting designed to plan or decide activities (i.e. school committee meetings).

20.2.a.3. For purposes of Professional Development, “day” shall be defined as 6 1/2 (six and one-half) hours of staff development activities.

20.2.a.3.a. Two optional professional development days shall be paid at the per diem rate of the unit member.

20.2.a.3.b. Professional Development shall occur outside of the seven and one quarter (7.25) hour workday and outside of the one hundred eighty-four (184) day work year Professional Development days may include non-teaching and non-work days, or after school hours.

20.2.a.3.c. Each individual may select from an approved list of professional development offerings or develop their own program which must be

approved by the Site Administrator and Director of Elementary or Secondary Education following the recommendations of the Professional Development Committees.

20.2.a.3.d. Effective July 1, 2015, Professional Development shall be submitted on a monthly time-sheet for a maximum of thirteen (13) hours annually

20.2.a.3.e. In order to plan jointly and implement this program, two professional development committees shall be formed.

20.2.a.4. One committee shall be chaired by a designated District Administrator who will serve all of the District’s elementary schools and will have a composition of five teachers and five administrators including the chair.

20.2.a.5. A second committee shall be chaired by a designated District Administrator who will serve all of the District’s middle and high school sites and will have a composition of five teachers and five administrators.

20.2.a.6. Certificated committee members shall be compensated for planning and meeting time at the curricular rate of pay

20.2.b. The District committees shall be responsible for:

20.2.b.1. planning and implementing professional development activities.

20.2.b.2. approving activities offered by outside providers or school sites which meet committee-established guidelines. Examples of such outside activities could include the Bay Area Writing Project, Equals/Sequels, Language Links, etc. Decisions shall be made by consensus.

20.2.b.3. developing and implementing an appropriate evaluation component for all professional development activities.

20.2.b.4. developing procedures, forms, and guidelines for the implementation, documentation, and reporting of Professional Development Activities by unit members.

20.2.c. Unit members, serving as presenters, who do not otherwise receive compensation for providing District-approved Professional Development classes shall be compensated at their per diem rate of pay The presenters shall also be paid at their prorated per diem rate of pay for one (1) hour of preparation time for each two (2) hours of the presentation. To receive compensation, unit members providing the above services shall submit all timesheets to the Coordinator of Professional Development for approval.

20.2.d. The District and Association agree to work cooperatively to promote both attendance and professional engagement in meaningful professional development.

20.2.e. Unit members shall not be eligible for payment for professional development activities conducted on regular work days for which they have been released nor for activities for which they receive salary credit. College credit taken for salary advancement or coursework to meet credential requirements are excluded from this program. Activities undertaken to meet the 150-clock hour professional growth requirement for credential renewal may be accepted for professional development as described in this article.

20.3 Premier Start

20.3.a. There will be a voluntary in-service (Premier Start) for all FSUTA unit members hired at the beginning of the school year to be held prior to the first contractual day of school pending funding. The dates for Premier Start will be approved by the Calendar Committee.

20.3.b. For participation the unit member will be paid $1,000.00 for participating in all three days of the training. There will be no prorating for partial attendance.

20.3.c. Unit members hired after the start of the preceding school year may attend the in-service, if space is available, and are not eligible for the $1,000 or any portion thereof.

20.3.d. Agenda for the three (3) days will be set by the Director of Curriculum and Assessment, Coordinator of Educational Services, Consulting Teachers, and Pre-Induction Support Providers. There will be a set aside time for Human Resources to cover needed mandates and FSUTA to meet with the group per AB 119.

20.3.e. The focus of the in-service is district specific systems, routines, procedures, and other topics determined to be of value for new

employees to FSUSD regardless of years of experience in public or private education.

20.3.f. This in-service will be held in-person unless otherwise mutually agreed upon.

20.4 Extended Work Year

20.4.a. Program Specialists shall work 194 days a year The ten extra days shall be scheduled on the calendar with 5 days before the start of school and 5 days after the end of school and may be rescheduled at the member’s discretion, with prior approval from their Special Education administrator

Workday: Program Specialists/Special Education shall work an 8 hour day, inclusive of a thirty minutes duty free lunch.

20.4.b. Speech and Language Pathologists and Nurses shall work 194 - 8 hour days a year. The ten extra days shall be scheduled on the calendar with 5 days before the start of school and 5 days after the end of school and may be rescheduled at the member’s discretion, with prior written approval from their Special Education administrator.

20.4.c. Positions requiring an extended work year up to twenty (20) additional work days will be paid at the unit member’s per diem rate and at the per diem hourly rate if the work day exceeds 7 1/4 (seven and one-fourth) hours.

20.4.d. High school counselors may work up to an additional ten (10) school days and high school Special Education Chairs up to two (2) days on a mutually-agreeable work calendar established through consultation with the unit member’s immediate supervisor These work days will be paid at the unit member’s per diem rate.

20.4.e. Middle, continuation, and elementary school counselors may work up to an additional six (6) days on a mutually-agreeable work calendar established through consultation with the unit member’s immediate supervisor These work days will be paid at the unit member’s per diem rate.

20.4.f. Nurses, librarians, Work Experience Specialists, and ROC/P Coordinators or other staff members may work additional days beyond their regularly scheduled work year. Such days must be approved in advance by the unit member’s site administrator and by the Assistant Superintendent of Human Resources. These workdays shall be paid at the unit member’s per diem rate.

20.4.g. Any unit member who extends their work year will accrue sick leave based on the total number of hours worked.

20.5 Academic Support Teachers

Provisions for the Academic Support Teachers are as follows:

20.5.a. Academic Support Teacher

20.5.a.1. The Academic Support Teacher shall not report, orally or put in writing any observations from unit members’ classrooms that may or could be used in evaluation or provide commentary that would effectively recommend the same. Any written communications from the Academic Support Teacher shall be given directly to the unit member who was assisted by the Academic Support Teacher No electronic, written, or oral communications shall be given to District and/or site administrators concerning working with unit members.

20.5.a.2. The Academic Support Teacher shall only assist classroom teachers who volunteer for assistance.

20.5.a.3. Academic Support unit members shall have the right to return to their previous position after the first year of their appointment with notification to their supervisor prior to April 1. If their prior position has been eliminated, the unit member shall have the right to select from available positions via the displaced teacher process (Article 18.4, Procedures for Involuntary Transfer and Reassignment).

20.5.a.4. After April 1st of their first year, an Academic Support unit member who returns to the classroom, shall be placed in the displaced teacher process. (Article 18.4, Procedures for Involuntary Transfer and Reassignment)

20.5.a.5. When assigned to multiple sites the teacher of Academic Support shall keep a log of miles traveled between sites. The teacher of Academic Support shall submit the mileage log monthly and be reimbursed at the IRS rate.

20.5.a.6. An Academic Support teacher shall be evaluated according to contract by one (1) administrator

20.5.a.7. If a teacher with a split funded position loses any partial funding, the District will make every effort to find funding to 58

restore the position to a full-time teacher of Academic Support. If funding cannot be secured, the teacher shall be placed in the displaced teacher process as per Article 18.3.

Article 21 - Class Size

21.1 Class sizes are guided by restrictions established by law. Each principal will arrange student enrollment in classes so it will provide the best educational opportunity possible for the student within the economic constraints of the District.

21.2 After a grace period of ten (10) days of student attendance from the beginning of the school year or the beginning of each semester for grades 7-12, individual class size shall not exceed the following maximums:

Elementary Schools:

The District will meet state mandates for class size rules in regards to TK.

Kindergarten 28 students*

Grades 1-3 30 students*

Grades 4-8 32 students (6-8 self-contained)

Combination Classes

Two (2) students fewer than the regular maximum class sizes set forth in this section, based on the lower maximum number (e g , a K/1 combination class would be 28 minus 2=26) Unit members who teach combination classes that cross grade bands shall receive a stipend of $1500 00 per academic year

*In order to qualify for an additional adjustment to the TK/Kindergarten through grades 1 to 3 base grant (“Grade Span Adjustment (GSA)” funding), the Local Control Funding Formula (LCFF) requires all school districts to maintain an average class enrollment for each school-site across the grade span level of TK/Kindergarten through third grade of not more than twenty-four (24) pupils, unless a collectively bargained alternative ratio is agreed to by the school district (Education Code section 42238.02).

So long as the LCFF continues to include and the District receives GSA funding pursuant to Education Code section 42238.02, the District will maintain a 24:1 average class enrollment per site across the TK-3 grade span. If the GSA funding is altered or reduced, the maximum class sizes in grades TK-3 set forth above shall automatically apply.

Specialists (such as P.E./Music/Library/Art)

Grades 1-8 40 students, comprised of up to 32 general education students and up to 8 mainstreamed Special Day Class students

Elementary Model Student Contacts:

Grades TK-4* 74 students per day (except Elementary Release Specialists)

Grades 5-8* 110 students per day (except Elementary Release Specialists)

* At TK-8, Elementary Model Schools, multiple subject teachers may share students, regroup students, implement team teaching, or use a “Core Setting” approach based upon their multiple-subject credentials. When doing so, they shall remain within the identified student contact limits.

Secondary Model Student Contacts:

Grades 6-12 170 students per day (except PE /Music/Leadership)

Grades 6-12 40 students per class (except PE /Music/Leadership)

Grades 6-9 / PE 45 students per class - 225 students per day

Grades 10-12 / P.E. 50 students per class - 225 students per day

Grades 6-12 / Music Excluding band/choir, classes taught by an instructor shall average no more than 34 students per period

Counselor Caseload High Schools Middle Schools

500:1* One FTE per school*

Caseload and Class size overage above contracted numbers will be paid at $20.00 per student, per day.

*If the District elects to provide counseling services

21.3 Caseload: Teachers Without Formal Enrollments

A teacher of a class without formal enrollments (e.g., TK-8 music, P.E., and library) will be responsible during any given period for no more students than the maximum designated in Article 21.2 except with the teacher’s consent.

21.4 Caseload: Workstations

The number of students enrolled in each class shall not exceed by more than five (5) the number of workstations in that class. The number of workstations in a class is exceeded if:

21.4.a. The number of students exceeds the number of desks; or

21.4.b. There is insufficient space or equipment to perform normal classroom activities.

21.5 Six Fifths

Six fifths middle school and secondary school additional periods shall be modified to allow permanent teachers to voluntarily teach six (6) periods per day during either the first or second semester, or both, with a maximum of 204 student contacts (except PE, music, and keyboarding). Six (6) periods shall be offered to appropriately credentialed unit members in order of seniority.

Unit members shall be compensated at 130% of their normal salary for the duration of their six (6) period assignment. If the duration of the six (6) period assignment is limited to one semester, during the alternate semester, the unit member shall teach a normal schedule of five (5) periods and be compensated at 100% of their normal salary.

21.6 Substituting for Absent Unit Member in the Elementary Setting

When a substitute is not available and elementary students are placed in another unit member’s class for a day, the pay rate for the additional students shall be $10.00 per student, per day. A day is defined as four (4) hours or more for the $10.00 per student payment. Unit members who receive students for less than four (4) hours shall receive $5.00 per student.

Caseload and class size overage as outlined in Article 21.2 and in-lieu service as outlined in Article 19.10 do not apply to Section 21.6.

Article 22 - Salary and Fringe Benefits

22.1 Salary/Wages

22.1.a. Beginning July 1, 2025, a three point five percent (3.5%) salary increase will be put in place on the following salary schedules:

22.1.a.1. Certificated Teacher Salary Schedule (Exhibit A)

22.1.a.2. Speech-Language Pathology and Nurses Salary Schedule (Exhibit B)

22.1.a.3. Permit Teacher Salary Schedule (Exhibit C)

22.1.a.4. Adult Education Salary Schedule (Exhibit D)

22.1.a.5. All Salary Schedules and Stipends including Master’s and Doctoral Degrees.

22.1.b. Salaries for Department Chairperson and Extended Day Activities and for any other salary schedules shall be based upon Column 1, Step 1 of the current Teachers Salary Schedule (Appendix F and Appendix E).

22.2 National Board Certification

22.2.a. Unit members who receive and maintain National Board Certification shall be paid an annual stipend equivalent to the Masters Degree stipend.

22.2.b. The stipend shall be paid effective on the date on which the teacher attains the certification, pro-rated for a partial year where applicable.

22.2.c. This stipend shall be paid in addition to any other stipend or salary credit provided for degree and/or training credit (as provided in Article 22.4 through Article 22.10 inclusive).

22.3 The mileage reimbursement for itinerant unit members’ travel in performance of their duties will be at the current allowable IRS rate.

22.4 Extended Day Assignments (to include Department Chairs)

Payments are twice a year; first payment November 30 and second payment April 30. Listing to include names, assignments, and payment amount is due in the Human Resources Office October 15 and March 15 of each year. Listing will require Human Resources Office approval and forwarding by Human Resources to Payroll by November 1 and April 1. Extended day assignment sheets (time sheets) reporting work that has been performed and that have been signed by the employee and site administrator are due in Payroll by November 1 and April 1. Extended day assignment sheets should include a statement of the duties performed. All positions will be paid according to the Extended Day Activities Salary Schedule.

22.5 Unit members who have provided twenty (20+) plus full years of service at the end of June 30, 2016, to the Fairfield-Suisun Unified School District shall be

provided a one (1%) percent longevity increase. This longevity increment will be initiated on July 1, 2016, for the 2016-2017 school year , be included on the salary schedule, based on the salary schedule, and will be included in the defined benefit for the unit member This longevity increment is intended to be an ongoing benefit to unit members. The longevity increment will be paid in two installments, one in November, and one in May as long as this is legally compliant with having these dollars as being within the defined benefit system through the State Teachers Retirement System.

22.6 Fringe Benefits

22.6.a.

Medical Coverage

The parties have elected to participate in the CalPERS Health Program for the provision of medical benefits to eligible bargaining unit members and retirees. The parties understand and agree that during the term of any contract with CalPERS the parties shall be bound by the rules and regulations governing that program, notwithstanding anything in the contract between the parties to the contrary.

Effective July 1, 2001 the District will contribute to a Section 125 Plan for each **eligible employee as follows:

Employee only (1 party)

Employee + 1 (2 party)

Employee + family

Beginning December 1, 2025, the District will provide up to $1,235.90 per month per employee for health benefits.

Unit members that are married or in a domestic partnership may combine their benefits together towards a two-party or family plan. Any amount not expended on benefits will not accrue to the employee.

**An eligible employee is one who meets the CalPERS criteria, which is currently (as of January 1, 2000) an assignment of fifty percent (50%) or more. Such benefits shall be prorated based upon full-time equivalency of the District contribution rate.

22.6.b.

Duration of Benefits

22.6.b.1. Unit members who work 75% or more of any work year are entitled to and shall receive twelve (12) months of fringe benefits (medical and/or in-lieu payments, life, dental and vision) per year, as outlined herein.

22.6.b.2. Unit members’ effective date of coverage of fringe benefits shall be dependent upon their hire date:

22.6.b.2.a. If hired on the first day or any day through the fifteenth day of a month, the effective date of fringe benefit coverage shall be the first day of the next month following the hire date.

22.6.b.2.b. If hired on the sixteenth day or any day through the thirty- first day of a month, the effective date of fringe benefit coverage shall be the first day of the second month following the hire date.

22.6.b.2.c. Unit members who add or remove dependents and/or domestic partners; or who add or remove coverage for themselves, dependents and/or domestic partners shall have these changes take effect the first date required by law and or in accordance with the requirements of the fringe benefit plan coverage to be changed, whichever is controlling.

22.6.b.3. Unit members who are employed during a school year and continuing employment into the subsequent school year shall be eligible for and shall receive fringe benefits, as outlined herein, through and including the first day of October of the next school year.

22.6.b.4. Unit members whose employment ends prior to the close of a school year, not meeting the requirement of having worked 75% or more shall receive fringe benefits through and including the first day of the second month following the last month of employment.

22.6.b.5. Separating from Employment (unit members enrolled in CalPERS medical plan only).

Unit members enrolled in the CalPERS medical plans for medical coverage and/or receiving In-lieu payments for medical coverage and who separate from employment at the close of the school year shall receive the benefits as outlined herein for twelve (12) months.

22.6.b.5.a. Retirees: Unit members retiring from the District at the close of the school year and, who do not meet the requirements for retiree benefits, as outlined in Article 22.7.b.(1-3) and who wish to continue coverage in a CalPERS medical plan, may enroll for such coverage as a retiree, with CalPERS at their expense (less the amount, if any, required of the District by CalPERS), but shall be paid by the District a dollar amount equivalent to what would have been paid to them under provisions of this Agreement for the remaining portion of a twelve (12) month period of coverage.

22.6.b.5.b. Retirees: Retirees eligible for coverage as outlined in the provisions of Article 22.7.b. (1-3), Benefits for Retirees shall continue to be enrolled by the District in the CalPERS medical plan with a status change to “retiree” from “active,” in accordance with the provisions of this subsection of the Agreement.

22.6.b.5.c. Other CalPERS Unit Members Separating from Employment: Other Unit members separating from employment with the District at the close of the school year, who are not retiring, but were enrolled in a CalPERS medical plan shall have their coverage in the medical plan end, effective the first of the second month following the date of separation. The District shall pay the unit member a dollar amount equivalent to what would have been paid to them under provisions of this Agreement for the remaining portion of a twelve (12) month period of coverage.

22.6.b.6. Separating from Employment (in-lieu payments, life, dental and vision coverage): All Unit members separating from employment at the close of the school year shall receive the In-lieu payments, life, dental and vision benefits as outlined herein for the remaining portion of a twelve (12) month period of coverage.

22.6.b.7. COBRA Notification: The District shall send a COBRA notice for continuation coverage to any unit member who has a Qualifying Event in accordance with the provisions of law and relevant regulations.

22.6.c. Dental Coverage

The District agrees to contribute the amount necessary for the following coverage to be provided by the Delta Dental Plan.

22.6.c.1. One hundred percent (100%) dental coverage for employees and dependents.

22.6.c.2. Crowns and cast restorations up to one hundred percent (100%).

22.6.c.3. Yearly maximum of one thousand five hundred dollars ($1,500).

22.6.c.4. No waiting periods on prosthodontics and orthodontics.

22.6.d. Life Insurance

The District will provide life insurance for each unit member working twenty (20) hours or more per week. The District will determine the carrier and shall have the freedom to change carriers or become self-insured.

The current life insurance benefit is as follows: Participant’s age on date of death:

● under 70 - $30,000

● 70 and over - $15,000

This benefit shall be paid to the beneficiary as designated by the unit member.

Should the District exercise the right to change carriers or become self-insured, any changes to the benefit levels shall be negotiated.

22.6.e. Vision Insurance

Vision insurance coverage effective July 1, 2007, with the initial enrollment to be completed by June 30, 2007. Vision insurance shall be the same plan as the District currently provides to other District employee bargaining units.

22.6.f. Cash Payment In Lieu

of Benefits

In lieu of medical coverage and upon proof of other medical coverage, each employee eligible for fringe benefits under this agreement may elect under the District Section 125 Flexible Benefit Plan to have two hundred thirty-three ($233) paid to them as a taxable cash benefit. Beginning July 1, 2022, the District will increase the cash in lieu of benefits to $275.00 per month (up from $233.00 per month). The employee may also elect to have this taxable cash benefit pay for other 125 Plan options or be invested in a tax-sheltered annuity of their choice, after withholding Medicare contributions, if applicable to the employee.

22.6.g. Fringe benefits under 22.2 shall be available to part-time employees on a pro rata basis (see Article 26.6 - Part-Time Contracts).

22.7. Benefits for Retirees

22.7.a. The District will pay one-half (1/2) the cost for vision insurance, one-half (1/2) the cost for the District’s current HMO’s for medical/hospital insurance for each retired employee and one-half (1/2) the cost for dental insurance for each retired employee and dependents from the date of retirement to age sixty-five (65) or for one hundred twenty (120) consecutive months, whichever period is shorter

22.7.a.1. All eligible retirees shall also become members of CalPERS for the provisions of retiree medical benefits. For eligible retirees the District shall contribute one dollar ($1.00) for CalPERS.

22.7.b. To become eligible for these continuing benefits at the active member group rates, the following requirements must be met by the employee at the time of retirement:

22.7.b.1. Employed in the District fifteen (15) years;

22.7.b.2. Fifty-five (55) years of age or older; and

22.7.b.3. Continue insurance coverage in the same plans chosen during the last year of employment, except when the District discontinues that particular coverage or the retiree moves out of the appropriate geographical area. In this case, the retiree may choose from existing insurance carriers during the appropriate open enrollment period.

22.7.b.4. Unit members who do not meet the service requirement of fifteen (15) years employed in the District as stated in 67

section 22.7.b.1, shall be permitted to purchase medical, dental, and vision benefits at the active group rates. In order to exercise this option, the retired unit member must pay such premiums at least thirty (30) days in advance to the District. Failure to make such payments will result in cancellation of the insurance benefits.

22.7.c. Retired employees who become eligible for Medicare must shift to a plan which is designed to complement the coverage of the Medicare system.

22.7.d. After age sixty-five (65), the employee may elect to continue benefits by paying the total premium according to procedures established by the District. Continuance of such benefits shall be dependent upon the benefits being provided by the insurance carrier.

22.7.e. Retirees must complete a re-registration form each year during the month of June in order to remain eligible for continued medical benefits.

22.7.f. The retiree may continue the current group coverage for their dependents provided the retiree pays all costs of the current premiums in advance monthly and provided the carrier(s) of the District plan(s) so allow

22.7.g. If a retiree chooses the early retirement consultant plan, they will not receive medical/dental benefits as designated in Article 22.7.a., but will be eligible upon termination of the consultant plan.

22.8. Initial Placement on the Salary Schedule

22.8.a. Requirements for placement on the salary schedule at the time of employment are:

Column 01: BA degree and current California credential.

Column 02: BA degree, current California credential, and thirty (30) semester units of upper division/graduate work undertaken after the BA degree is awarded.

Column 03: BA degree, current California credential, and forty-five (45) semester units of upper division/graduate work undertaken after the BA degree is awarded; or a current California credential, and a master’s degree.

Column 04: BA degree, current California credential, and sixty (60) semester units of upper division/graduate work undertaken after the BA degree is awarded; or a current California credential, a master’s degree and twenty (20)

semester units of upper division/graduate work undertaken after the master’s degree is awarded.

Column 05: BA degree, current California credential, and seventy-five (75) semester units of upper division/graduate work undertaken after the BA degree is awarded; or a current California credential, a master’s degree and thirty-five (35) semester units of upper division/graduate work undertaken after the master’s degree is awarded.

22.8.b. A new employee shall be given one (1) year of experience credit for each full year of experience or for any year including seventy-five (75%) or more of the school year in elementary or secondary public schools of California, another state or in an accredited private school in grades K-12. Those certificate personnel from another California school district transferring within the same school year to Fairfield-Suisun Unified School District, being employed for seventy-five percent (75%) or more of the year, in any combination shall be given one (1) full year of experience credit. No experience credit shall be given for practice teaching, military service or summer school.

22.8.c. Employees working less than a full day or full year shall be placed on the salary schedule on the basis of training and experience.

22.8.c.1. For employees working less than a full year, salary shall be based on the number of days working as a percent of the full work year

22.8.c.2. For elementary teachers working less than a full day, salary shall be based on the number of teaching minutes as a percent of three hundred ten (310).

22.8.c.3. For secondary teachers working less than a full day, salary shall be based on the number of teaching periods as a percent of five (5).

22.8.d. Nurses employed by the District shall be given one (1) year of experience credit for each year of full-time professional experience in nursing in health departments, hospitals, verifiable doctor’s office experience, or other institutions requiring work similar to that for which they are employed.

22.8.e. Speech and language specialists employed by the District shall be given one (1) year of experience credit for each year of verifiable hospital/clinic

or private experience that required work similar to that for which they are employed by the District.

22.8.f. Persons who terminate their employment with Fairfield-Suisun Unified School District and are reemployed within thirty-nine (39) months shall be given credit for prior years of experience in the District. Certificated unit members who are laid off by the Fairfield-Suisun Unified School District and are re-hired within a thirty-nine (39) month period will be given credit for prior years of experience in the District and up to three (3) years teaching experience for salary and step placement if they present verification that they were employed for that period of time by another school district.

22.8.g. Teachers employed in ROP or vocational programs on the basis of a Designated Subjects/Vocational Credential issued for vocational skill and experience rather than academic training shall be placed on Column 03 if the credential is partial/preliminary (academic requirements not completed or equivalent), on Column 04 if it is issued for life. Experience credit may be given for up to seven (7) years of work in the specific field exclusive of experience required for the credential.

22.9. Advancement on the Salary Schedule

22.9.a. Service

Employees will be advanced one (1) step for each full (working seventy-five percent (75%) of the year or more) year of service to Step 25.

22.9.b. Training

22.9.b.1. Upper division/graduate units of college or university work must be in the general field of education and applicable to the teaching profession.

22.9.b.2. If the District approves course work to be taken during the workday, the unit member shall, at their option, receive course credit or District subsidy (i.e.; substitute and/or registration/conference costs).

22.9.b.3. Salary credit shall be granted for approved course work taken outside the unit member’s workday; such course work may be subsidized by the District.

22.9.b.4. Fees for course work recommended by the District shall be paid by the District; the unit member shall receive any 70

available college or university credit toward advancement on the salary schedule.

22.9.b.5. Course work must be approved in advance to receive credit; course work may be denied if advance approval is not obtained.

22.9.b.6. Employees must receive a grade of “C” or better or pass/credit to receive credit.

22.9.b.7. Credit may also be given for the following:

22.9.b.7.a. Six (6) semester units of lower division courses may be approved each school year for salary credit providing the units are approved in advance by the Assistant Superintendent of Human Resources. Additional units may be approved providing the unit member is pursuing another supplementary authorization or pursuing another type of teaching credential.

22.9.b.7.b. Two (2) units of salary credit for travel or work study may be considered on a one-time basis by the Assistant Superintendent of Human Resources in lieu of university or college study.

22.9.b.7.c. Salary credit units shall be granted when unit members serve at the request of the District administration on a District curriculum committee. Such hours shall be outside the employee’s workday. Participation must be verified by the administrator responsible for the committee and the Assistant Superintendent of Educational Services.

22.9.b.7.d. District-approved classes and workshops may be accepted for salary credit if such classes meet the priority needs of the District. Such hours shall be outside the employee’s workday. Prior approval must be obtained on the appropriate form from the Assistant Superintendent of Human Resources. District classes are defined as District-sponsored classes or in-services usually presented by District employees (such as mentors, teacher

in-services, adult school computer classes, etc.). Employees will not receive credit for repeated classes or in-services, except employees requesting for recertification (i.e., CPR).

22.9.b.8. The Human Resources Department will notify Payroll of individuals who have proof of completion of course work for salary advancement on file in the Human Resources Department. Advancement for units submitted on or before the 15th of any month shall be reflected on the next regular month’s pay with no retroactive payment. Advancement for units submitted after the 15th of any month shall be reflected on the following month’s pay with no retroactive payment. Advancement for units submitted after the last paycheck in any unit member’s pay cycle on or before the 15th of the month of their new pay cycle shall be reflected on the first paycheck of the new pay cycle with no retroactive payment.

22.9.b.9. An employee may appeal rejection of units to the Unit Review Committee.

22.9.b.9.a. The committee shall consist of three (3) certificated employees appointed by the Association, two (2) administrators selected by the Fairfield-Suisun Administrators Association, one (1) central office administrator, other than a Human Resources administrator, selected by the Superintendent, and one (1) Governing Board member.

22.9.b.9.b. The committee shall recommend decisions on appeals to the Superintendent.

22.9.b.9.c. An employee working seventy-five percent (75%) or more of the year shall be credited with one (1) year of service.

22.9.b.9.d. The District will not reevaluate any unit for which it has given credit prior to the adoption of this Contract.

Article 23 - Leaves

23.1 Sick Leave

23.1.a. Full-time certificated members of this unit shall be credited with ten (10) days of sick leave at the beginning of each work year. New employees employed for less than the full work year shall receive credit based on the remaining months left in the work year.

23.1.b. Certificated personnel under contract for fewer than five (5) days per week during the entire school year shall receive pro rata sick leave based on the hours worked in comparison to the full-time equivalent classroom teacher.

23.1.c. Certificated personnel under contract for less than a full day during the entire school year shall receive pro rata sick leave based on the hours worked in comparison to the full-time equivalent classroom teacher

23.1.d. The Superintendent, the Assistant Superintendent of Human Resources, or the site administrator may require proof of illness, accident, or quarantine as provided by law If such proof requires any additional expense to the employee, the District shall pay that expense upon presentation of proof.

23.1.e. When possible, medical or dental appointments should be scheduled outside the workday, however, when necessary during work hours, and in accordance with 19.1.c. and 19.1.d., sick leave shall be charged as per section 23.1.f. below

23.1.f. Except for leave utilized under section 23.4, leave shall be charged in increments of one hour and always rounded up to the highest hour. Time cannot be charged in excess of a unit member’s contracted workday.

23.1.g. Use of Sick Leave to Care for Family Member’s Serious Health Condition:

23.1.g.1. Unit members may apply to the Assistant Superintendent or designee for use of up to 75% of sick leave accrued under this section 23.1 to care for a family member’s serious health condition in conjunction with a leave under the California Family Rights Act (CFRA) or Family Medical Leave Act (FMLA) for this purpose.

23.1.g.2. The definitions and requirements of CFRA/FMLA and implementing regulations shall apply to use of sick leave under this section 23.1(g).

23.1.g.3. For purposes of qualifying to withdraw from the Catastrophic Leave Bank to care for a family member, unit members shall be deemed to have exhausted all sick leave within the meaning of section 23.3(c) if they have used 75% of their sick leave to care for a family member under this section 23(g).

23.2 Extended Leave of Absence Due to Illness or Injury

When a unit member is absent because of illness or injury for a period of five (5) school months or less, they are entitled to full salary for the number of days of sick leave they have accumulated. When accumulated days of sick leave have been used, the employee shall receive the amount of the differential pay or sixty percent (60%) of the employee’s daily rate of pay, whichever is greater. Differential pay shall be the difference between the employee’s daily rate of pay and that of a regular day-to-day substitute. The differential pay shall commence when an employee has exhausted accumulated sick leave and shall continue for five (5) months.

23.3 Catastrophic Leave Bank

23.3.a. Creation

23.3.a.1. The Association and the District agree to create the Catastrophic Leave Bank effective July 1, 1993. The Catastrophic Leave Bank shall be funded in accordance with the terms of Section b. Below

23.3.a.2. Days in the Catastrophic Leave Bank shall accumulate from year to year.

23.3.a.3. Days shall be contributed to the Bank and withdrawn from the Bank without regard to the daily rate of pay of the Catastrophic Leave Bank participant.

23.3.a.4. The FSUTA Catastrophic Leave Bank shall be administered by a three (3) member Catastrophic Leave Bank Committee appointed by the President of the Association.

23.3.b. Eligibility and Contributions

23.3.b.1. All unit members on active duty with the District are eligible to contribute to the FSUTA Catastrophic Leave Bank.

23.3.b.2. Participation is voluntary, but requires contribution to the Bank. Only contributors will be permitted to withdraw from the Bank.

23.3.b.3. Unit members who elect not to join the Catastrophic Leave Bank upon first becoming eligible have a waiting period of thirty (30) days after joining the Bank before becoming eligible to withdraw from the Bank.

23.3.b.4. The contribution, on the appropriate form, will be authorized by the unit member and continued from year to year until canceled by the unit member.

23.3.b.5. Cancellation, on the proper form, may be effected at any time and the unit member shall not be eligible to draw from the Bank as of the effective date of cancellation. Sick leave previously authorized for contribution to the Bank shall not be returned if the unit member effects cancellation.

23.3.b.6. Contributions shall be made between July 1 and November 1 of each school year Unit members returning from extended leave which included the enrollment period and new hires will be permitted to contribute within thirty (30) calendar days of beginning work. The District shall supply enrollment forms for the Catastrophic Leave Bank to all new unit members and those unit members returning from leave.

23.3.b.7. The annual rate of contribution by each participating unit member for each school year shall be one (1) day of sick leave which shall be deemed to equate to the legal minimum required by Education Code Section 44043.5.

23.3.b.7.a. An additional day of contribution will be required of participants if the number of days in the Bank falls below five hundred (500) days. Catastrophic Leave Bank participants who are drawing from the Bank at the time of the assessment will not be required to contribute to remain eligible to draw from the Bank. If a Catastrophic Leave Bank participant has no remaining sick leave at the time of the assessment, they need not contribute the additional day to remain a participant in the Catastrophic Leave Bank.

23.3.c.

23.3.b.7.b. If the number of days in the Bank at the beginning of a school year exceeds fifteen hundred (1,500) days, no contribution shall be required of returning unit members. Those unit members joining the Catastrophic Leave Bank for the first time and those returning from leave shall be required to contribute one (1) day to the Bank.

23.3.b.8. Unit members who are retiring or leaving the employ of the District may contribute their unused sick leave to the Catastrophic Leave Bank.

23.3.b.9. By November 30 of each school year, the total contribution of participating unit members will be placed in the Catastrophic Leave Bank.

Withdrawal From the Bank

23.3.c.1. Catastrophic Leave Bank participants, whose sick leave is exhausted, may withdraw from the Bank for catastrophic illness or injury Catastrophic illness or injury shall be defined as any illness or injury that incapacitates the unit member for over ten (10) consecutive duty days or incapacitates a member of the unit member’s family for over ten (10) consecutive duty days which requires the unit member to take time off work to care for that family member. If a reoccurrence or a second illness or injury incapacitates a unit member or member of the unit member’s family within twelve (12) months, it shall be deemed catastrophic after five (5) consecutive duty days. Thus, a participant who used the Bank after exhaustion of sick leave for twenty-five (25) days to care for his wife who dies of cancer and, after returning to work, suffers a heart attack shall be deemed to have a second catastrophic illness and may again withdraw from the Bank after only five (5) consecutive duty days off work.

Caring for a Family Member

23.3.c.2. Catastrophic leave may be used to care for a child, including an adult child and the child of a registered domestic partner, parent, grandparent, grandchild, sibling, spouse, registered domestic partner, or designated person who has a catastrophic illness or injury, as those familial relations are

defined in the California Family Rights Act (CFRA), Gov Code 12945.2(b).

23.3.c.3. Participants using such leave must use sick leave as defined in Article 23.1.g.3 available to them before eligible for a withdrawal from the bank.

23.3.c.4. Members will be limited to one designated person per 12-month period for family care and medical leave.

23.3.c.5. The Association shall be charged sixty percent (60%) of the day for no more than sixty (60) duty days.

Caring for Self

23.3.c.6. Participants experiencing catastrophic illness or injury who have exhausted sick leave but still have differential leave available are eligible for a withdrawal from the Catastrophic Leave Bank. The District shall pay the participant full pay and the Bank shall be charged forty percent (40%) of the day for no more than one hundred (100) duty days per injury or illness.

23.3.c.7. The first ten (10) duty days of illness or disability must be covered by the participant’s own sick leave, differential leave, or leave without pay the first time said participant qualifies for a withdrawal from the Bank. For subsequent withdrawals, within twelve (12) consecutive months, the first five (5) duty days of illness must be covered by the participant’s own sick leave, differential leave, or leave without pay

23.3.c.8. Withdrawals shall become effective immediately upon the exhaustion of sick leave (Article 23.3.c.3 and 23.3.c.7) For example, if a participant contributed when first eligible to contribute and had ten (10) days of accumulated sick leave when the illness began, they shall begin withdrawing upon the eleventh (11th) duty day if otherwise eligible. If the participant had fifteen (15) days of sick leave at the beginning of the illness, they shall begin withdrawing days on the sixteenth (16th) duty day If the participant had five (5) days of sick leave at the beginning of the illness, they shall begin withdrawing days on the eleventh (11th) duty day.

23.3.c.9. If a participant is incapacitated, applications may be submitted to the Committee by the participant’s agent or member of the participant’s family

23.3.c.10. Withdrawals from the Catastrophic Leave Bank shall be granted in units of no more than thirty (30) duty days. Participants may submit requests for extensions of withdrawals as their prior grants expire. A participant’s withdrawal from the Bank may not exceed the statutory maximum period of twelve (12) consecutive months.

23.3.c.11. Participants applying to withdraw or extend their withdrawal from the Catastrophic Leave Bank will be required to submit a doctor’s statement indicating the nature of the illness or injury and the probable length of absence from work. Members of the Committee shall keep information regarding the nature of the illness confidential. A participant’s withdrawal may not exceed the statutory maximum period of twelve (12) consecutive months.

23.3.c.12. If a participant has drawn thirty (30) Catastrophic Leave Bank days and requests an extension, the Committee may require a medical review by a physician of the Committee’s choice at the participant’s expense. The Committee shall choose only a physician who qualifies under the District offered insurance policy. Refusal to submit to the medical review will terminate the participant’s continued withdrawal from the Bank. The Committee may deny an extension of withdrawal from the Catastrophic Leave Bank based upon the medical report. The participant may appeal any termination under the procedures outlined in Section 13 below

23.3.c.13. Leave from the Bank may not be used for illness or disability which qualify the participant for Worker’s Compensation benefits unless the participant has exhausted all Worker’s Compensation leave, their own sick leave, and provided further that the member signs over any Worker’s Compensation checks for temporary benefits to the District. If there are any Worker’s Compensation checks signed over to the District, the Bank will not be charged days or, if charged, will be reimbursed the number of days for which the Worker’s Compensation payment is equivalent to a

regular day of pay at the negotiated rate for that participant. If the District challenges the Worker’s Compensation claim, the participant may draw for the Bank but, upon settlement of the claim, the Bank shall be reimbursed the appropriate number of days by the District.

23.3.c.14. When the Committee may reasonably presume that the applicant for a draw may be eligible for a disability award or a retirement under STRS or, if applicable, Social Security, the Committee may request that the applicant apply for disability or retirement. Failure of the applicant to submit the complete application, including medical information provided by the applicant's physician, within twenty (20) calendar days, will disqualify them for further Catastrophic Leave Bank payments. Any requests for additional medical information from STRS or Social Security shall be submitted within ten (10) days or the participant’s entitlement to Catastrophic Leave Bank payments will cease. If denied benefits by STRS or Social Security, the applicant must appeal or the entitlement to the Catastrophic Leave Bank shall cease.

23.3.c.15. If the Catastrophic Leave Bank does not have sufficient days to fund a withdrawal request, the Committee is under no obligation to provide days and the District is under no obligation to pay the participant any funds whatsoever If the Committee denies a request for withdrawal or an extension of withdrawal because of insufficient days to fund the request, they shall notify the participant, in writing, of the reason for the denial.

23.3.c.16. Catastrophic Leave Bank participants who are denied a withdrawal or whose withdrawal is not renewed or terminated may, within thirty (30) days of denial, appeal, in writing, to the Executive Board of the Association. The Executive Board of the Association shall hold a hearing within fifteen (15) duty days of the hearing. If the participant’s incapacitation does not allow participation in this appeal process, the participant’s agent or member of the family may process the appeal.

23.3.d. Administration of the Bank

23.3.d.1. The Catastrophic Leave Bank Committee shall have the responsibility of maintaining the records of the Catastrophic Leave Bank by receiving withdrawal requests, verifying the validity of requests, approving or denying the requests, and communicating its decisions, in writing, to the participants and to the District.

23.3.d.2. The Committee’s authority shall be limited to administration of the Bank. The Committee shall approve all properly submitted requests complying with the terms of this article.

23.3.d.3. Applications shall be reviewed and decisions of the Committee reported to the applicant, in writing, within ten (10) duty days of receipt of the application.

23.3.d.4. The Committee shall keep all records confidential and shall not disclose the nature of the illness except as is necessary to process the request for withdrawal and defend against any appeals of denials.

23.3.d.5. By December 5 of each school year, the District shall notify the FSUTA President of the following:

23.3.d.5.a. The total number of accumulated days in the Bank on June 30th of the previous school year.

23.3.d.5.b. The number of days contributed by unit members for the current year

23.3.d.5.c. The names of participating unit members.

23.3.d.5.d. The number of days contributed by people returning from leaves or new to the District.

23.3.d.5.e. The total number of days available in the Bank.

23.3.d.6. By the tenth (10th) day of each calendar month after December 5, the District shall notify the FSUTA President of the following:

23.3.d.6.a. The names of any additional unit members who have joined in accordance with Section 23.3.b, Eligibility and Contributions.

23.3.d.6.b. The names of any unit members who have canceled participation in accordance with Section 23.3.b, Eligibility and Contributions.

23.3.d.6.c. The total number of days in the Bank at the beginning of the previous month.

23.3.d.6.d. The total number of days added to the Bank by new participants or people returning from leaves.

23.3.d.6.e. The total number of days awarded during the previous month and to whom they were awarded.

23.3.d.6.f. The total number of days remaining in the Bank on the last day of the month.

23.3.d.6.g. Any dispute between the Committee and the District as to the accounting of Catastrophic Leave Bank days shall be immediately submitted to Binding Arbitration without the need to follow earlier steps of the grievance procedure as per Article 9.

23.3.d.6.h. If the Catastrophic Leave Bank is terminated for any reason, the days remaining in the Bank shall be returned to the then current members of the Bank proportionately.

23.4 Personal Necessity Leave

23.4.a. Sick leave may be used by an employee in cases of personal necessity Members may use up to seven (7) days of sick leave as personal necessity days. Leave over two (2) days in duration will require the prior approval of the Assistant Superintendent of Human Resources or their designee.

23.4.b. “Personal necessity” means circumstances that are serious in nature to the employee and that the employee cannot reasonably be expected to disregard, that necessitates immediate attention, that cannot be taken care of after work hours or on weekends.

23.4.c. Such leave shall not be taken for recreational travel, to engage in other employment, or to participate in Association-related political activities, demonstrations, or causes.

23.4.d. Abuse of the above guidelines will result in a letter of reprimand in the discipline process and loss of pay

23.4.e. Employees may take personal necessity leave in half-day increments.

23.5 Sabbatical Leave

23.5.a. The Board may grant a sabbatical leave to unit members upon request.

23.5.b. In order to be eligible for sabbatical leave, a person shall have been employed by the District continuously for at least ten (10) years. The application for sabbatical leave must be made by February 1 preceding the year the leave is desired.

23.5.c. The person granted sabbatical leave will be paid in twelve (12) equal payments. The rate of pay for a person with ten (10) or more years of employment in the Fairfield-Suisun Unified School District will be one-half (1/2) of their current annual salary.

23.5.d. Persons on sabbatical leave will be given one year’s credit on the salary schedule and will receive fringe benefits which are granted to other full-time certificated employees of the District.

23.5.e. The unit member must submit a planned program of travel or study to be undertaken during the leave.

23.5.f. A unit member taking sabbatical leave is required to serve at least two (2) years in the Fairfield-Suisun Unified School District after taking sabbatical leave. Failure to complete this requirement will require the employee to return the amount of money paid by the District to the employee during the sabbatical leave.

23.6 Parental Leave

* For information regarding parental leave, please refer to the Human Resource handbook or contact your respective personnel specialist.

Unpaid Parental Leave

23.6.a. Members may take up to twelve (12) work weeks of unpaid family care leave in any twelve (12) month period, which shall be counted backward from the date family leave is taken, to care for a newborn child or placement of a child for adoption or foster care. Such leave must be taken within one year of the birth, adoption or placement. This leave may be used all at once or in separate two week blocks.

23.6.b. Benefits: Members who qualify are entitled to health benefits in the same manner as if working in paid status.

Paid Parental Leave

23.6.c. Parental leave shall be defined as benefits provided for by Section 44977 of the Education Code for absences necessitated by pregnancy, miscarriage, childbirth and recovery therefrom.

23.6.c.1. Differential pay will be provided as stipulated in Article 23.6.a. above, for a maximum of twelve (12) work weeks, to commence no sooner than forty (40) work days prior to the anticipated first day of disability

23.6.c.2. Differential pay to natural fathers may commence any date within one (1) year of the child’s birth and extend for a maximum of twelve (12) work weeks.

23.6.c.3. Differential pay granted in the case of adoption may commence on the day the child is placed in the home and extend for a maximum of twelve (12) work weeks.

23.6.d. During the differential pay period, the unit member shall receive the amount of differential pay or sixty percent (60%) of the employee’s daily rate of pay, whichever is greater. Differential pay shall be the difference between the employee’s daily rate of pay and that of a regular day-to-day substitute. The employee shall submit, in writing, one of the following before their parental leave has expired:

23.6.d.1. Request to return to duties for the remainder of the current contract.

23.6.d.2. Request to take unpaid leave for the remainder of the school year

23.6.d.3. Resignation from the District effective at the end of the school year.

23.6.e. A leave of absence shall be granted to a unit member for the purpose of raising their natural or adopted child. Such leave shall normally not exceed twelve (12) months. Up to an additional twelve (12) months may be granted upon request. The District and the unit member may agree to extend the period of the leave beyond the twelve (12) months in order that the return date shall coincide with normal school breaks.

23.6.f. Upon request, unit members in need of a lactation accommodation will be provided a room that is a place other than a bathroom that is shielded from view and free from intrusion from coworkers and the public, to be used by an employee to express breast milk. These members will be provided a reasonable amount of break time as needed by the nursing mother, which shall, if possible, run concurrently with any break time already provided to the employee. If time exceeds the paid 15 minutes, the time taken out of personal leave time or differential, will be equal to the time needed by the employee. In the rare instances that the unit member is in need of a break to express breast milk outside the previously agreed upon time while students are in the classroom, the unit member shall contact the front office to be released.

23.7 Industrial Accident or Illness Leave

Members of the bargaining unit who sustain an injury or illness arising directly out of and in the course and scope of their employment shall be eligible for a maximum of sixty (60) working days paid leave. Claims must be approved by the District’s insurance carrier to qualify under this section. Accident or illness leave will commence on the first day of absence.

Payment for wages lost on any day shall not, when added to an award granted under the Worker’s Compensation laws of this state, exceed the employee’s full salary for the month. Industrial accident and illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a compensation award made under the Worker’s Compensation. When an industrial accident or illness leave occurs at a time when the leave will overlap into the next fiscal year, the employee shall be entitled to only that amount of leave remaining at the end of the fiscal year in which the industrial injury or accident occurred for the same illness or injury.

Industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave will be used. If, however, the employee continues to receive temporary disability indemnity under the Worker’s Compensation laws of this state at the time of the exhaustion of benefits under this section, the employee may elect to take as much of the employee’s accumulated and available sick leave which, when added to the Worker’s Compensation award, results in a payment of not more than the employee’s regular salary.

An employee requesting industrial accident and illness leave benefits may be required to comply with the medical verification and reporting provisions of the sick leave section of this article.

Upon complying with District medical release requirements and receiving District authorization to return to work, an employee on industrial accident or illness leave shall be reinstated to the same position when the accident or illness occurred without loss of status or benefits.

A unit member shall be deemed to have recovered from an industrial accident or illness, and thereby be able to return to work, at such time as they and their physician agree that there has been such a recovery The District, at its cost, may request another medical opinion.

23.8 Jury Duty and Witness Duty

23.8.a.

Jury Duty

An employee shall be granted a leave of absence without loss of pay when regularly called for jury duty in the manner provided by law Upon completion of jury service, the employee shall provide to their site administrator or designee a copy of the official court documentation indicating attendance at jury service, upon request. Fees received as a juror, exclusive of transportation, food, and lodging expenses, shall be reimbursed to the District.

23.9

23.8.b.

Witness Duty

An employee shall be granted a leave of absence without loss of pay not to exceed five (5) days in any school year when directed to appear as a witness in court other than as a litigant. The employee shall include the subpoena with the application directed to the Assistant Superintendent of Human Resources. The employee shall make payment to the District the fees for services to the court as a witness, exclusive of transportation, food, and lodging expenses.

23.8.c. Litigants

Litigants may use Personal Necessity Leave.

Bereavement Leave

23.9.a. A unit member shall be granted bereavement leave of absence for the death of any member of the immediate family without loss of pay or deduction from other leave benefits found in this article. Five (5) days bereavement leave shall be granted to any unit member for the death of a current spouse, registered domestic partner, mother, father or child, or individuals who suffer from child loss events, including miscarriage or a failed adoption.

23.9.b. Death of other immediate family members shall be for three (3) days, unless travel of more than two hundred (200) miles is required, in such case, the length of the leave shall be five (5) days.

23.9.c. Under special circumstances, up to ten (10) days additional bereavement leave may be granted by the Assistant Superintendent of Human Resources. If additional time is needed, personal necessity leave may be used.

23.9.d. Immediate family shall be defined as follows: mother, mother-in-law, stepmother, father, father-in-law, stepfather, spouse, registered domestic partner, son, son-in-law, stepson, daughter, daughter-in-law, stepdaughter, brother, brother-in-law, stepbrother, sister, sister-in-law, stepsister, foster child, grandparent, grandchild, legal guardian or ward, niece, nephew, aunt or uncle, or first cousin of the unit member or spouse, or any person living in the immediate household of the unit member.

23.9.e. Leave may be granted to the unit member by the Assistant Superintendent of Human Resources for any individual not listed herein.

23.10 Advanced Study Leave

Upon the recommendation of the Superintendent, the Board may grant a year’s leave of absence without pay to members of this unit for advanced study in their major or minor fields to improve their competency in current teaching assignments or to obtain competencies in other fields of education.

23.11 Personal Leave

Upon the recommendation of the Superintendent, the Board may grant a year’s leave for personal reasons without pay or fringe benefits to members of the unit who have obtained tenure.

23.12 President Release Time

23.12.a.Release Time and Reimbursement

The Association and the District shall provide one hundred percent (100%) of 1.0 FTE release time for the Association President during the school year.

The Association shall reimburse the District for the one hundred percent (100%) release time as follows:

23.12.a.1. Forty percent (40%) of all salary and benefits as per Step 1, Column 1 of the salary schedule in Appendix A if a replacement employee is required.

23.12.a.2. Sixty percent (60%) of all salary and benefits actually paid to the Association President in accordance with California Education Code Section 44087.

The District will submit an invoice to the Association approximately five (5) days after the end of each monthly payroll period. The Association will pay the invoice within approximately thirty (30) days after receipt. The billing will be in ten equal installments beginning with the last September pay period.

If the Association President was employed as less than 1.0 FTE in the year of their service as President, the first forty percent (40%) of reimbursement shall be at the replacement teacher costs as described in number one (1) above.

23.12.b.Additional Criteria

23.12.b.1. The position shall be filled by a temporary employee.

23.12.b.2. Upon completion of their term of office, the Association President shall return to their prior school site and/or department.

23.13 Professional Leave for Association Business

The District will provide a total of fifty (50) days leave for Association officers and committee members to conduct Association business. The assignment of these days will be at the discretion of the President. The Association agrees to pay the cost. The Association president shall designate these leave days by providing at least two (2) working days’ advance notice to the Human Resources Department, except in case of emergency where less than two (2) working days’ notice is not possible, in which case as much advance notice as is possible will be provided. In the event of a scheduling conflict which makes it inconvenient for a particular teacher to be released on a particular day, the parties agree to work cooperatively together to identify an alternative.

23.14 Leave Rights

Unit members on a paid leave of absence shall continue to receive wages, health and welfare benefits, retirement, and salary schedule credit in the same amount as if they were not on leave. Those unit members who go on an unpaid leave of absence during any pay period shall receive their health and welfare benefits for 87

the balance of that pay period. Thereafter, they shall be allowed continued benefits at their own expense upon reimbursement to the District.

23.15 Professional Development Leave

23.15.a.The Board may grant an unpaid leave for professional growth for a unit member to pursue other professionally-related employment opportunities.

23.15.b.In order to be eligible for Professional Development Leave, a unit member shall have been employed by the District continuously for at least ten (10) years. The application for Professional Development Leave must be made by April 1 preceding the year the leave is desired.

23.15.c.A unit member on Professional Development Leave will receive one (1) year of credit on the salary schedule for each year of the leave.

23.15.d.A unit member on Professional Development Leave will receive one (1) year of seniority credit for each year of the leave.

23.15.e.The unit member must submit a planned program of professional development to be undertaken during the leave.

23.15.f. Unit members shall be allowed continued benefits at their own expense upon reimbursement to the District.

Article 24 - Reduced Teacher Service Option

24.1 Teachers may apply for the reduced teaching service option. To qualify for this program, the employee shall have met the requirements of California Education Code section 44922, which include:

24.1.a. At least ten (10) years of full-time service in a position requiring certification in the public school system in California which includes grades K-12, community college, or as a teacher in the California state university and college system; the immediately preceding five (5) years shall have been full-time.

24.1.b. Attained the age of fifty-five (55) prior to the beginning of the school year or term in which the reduction in teaching service begins. It shall be the employee’s responsibility to initiate the request for reduced teaching service.

24.1.c. Certification of eligibility by the State Teachers’ Retirement System, or, if applicable, the Public Employee Retirement System.

24.1.d. The unit member shall not have had a break in service during the five years immediately preceding the reduction in workload. For purposes of this subdivision, sabbaticals and other approved leaves of absence (including leaves for military service) shall not constitute a break in service.

24.2 The agreement or contract for reduced service shall be executed by the employee and the employer, in writing, prior to July 1 preceding the year of reduced service. Annual application is required for continuing reduced teacher service options. This agreement may be revoked only by the mutual consent of the District and the employee. If there is a changed circumstance or personal emergency affecting the unit member, the revocation may be made earlier with the approval of the Assistant Superintendent of Human Resources or designee. For unit members who first participated in the Reduced Teacher Service Option before ratification of this agreement, the agreement for reduced service may be revoked by the unit member at the end of their contracted year

24.3 Reduced teaching service shall be one-half (1/2) of the number of days of service required by the employee’s contract of employment during their final year of service in a full-time position. Agreements with beginning dates other than the start of the school year will include the required number of days of service. Minimum salary paid shall be equal to one-half (1/2) time service. A reduced teaching service option in excess of one-half (1/2) of the number of days or parts of days of required service may be implemented only with the mutual consent of the employee and the employer

24.4 Reduced service may be on a daily schedule or full-time for at least one-half (1/2) year. The employee shall be paid the pro rata share of the salary they would be earning had they not elected to exercise the option of part-time employment. The unit member shall retain all other rights and benefits for which the unit member or the District makes the payments that would be required if the unit member remained in full-time employment.

24.5 Reduced teaching service option for a unit member is limited to a period not to exceed ten (10) years, pursuant to California Education Code sections 44922(h) and (i)).

24.6 The unit member and employer agree to submit contributions to the State Teachers’ Retirement System or, if applicable, the Public Employee Retirement System, based on the compensation which would be earned for full-time employment.

24.7 Full retirement credit is not earned until the end of the full school term or full school year Participants who terminate prior to these concluding periods will

receive retirement credit based on the salary actually paid in that proportion that it relates to the annual salary that would have been paid had the employment continued.

24.8 Retirement contributions for service not credited because of termination of contract or agreement by resignation, dismissal, or retirement will be returned to the employee or, in the case of death, to the beneficiary.

24.9 All rights mandated by law and any additional benefits which may be granted by the District to its certificated employees shall be applicable to any and all such employees who are on contract for reduced teaching service.

Article 25 - Early Retirement Plan

25.1 Early retirement is an incentive plan whereby an employee may retire early and have the opportunity to enter into an ancillary services contractual agreement with the District.

25.2 Conditions

25.2.a. Satisfactory service in the District for a minimum of ten (10) years.

25.2.b. Full-time employee of the District for the past five (5) years.

25.2.c. Will attain the age of fifty-five (55) or more.

25.2.d. Will retire from the teaching profession.

25.2.e. Receive the approval of the Assistant Superintendent of Human Resources or their designee.

25.3 The Ancillary Services Program

25.3.a. Persons electing this program will serve a minimum of twelve (12) days per year and a maximum of forty (40) days per year at the option of the retiree and the District. The person entering the program will be paid one hundred fifty dollars ($150) for each full day of service beginning with unit members who retire at the conclusion of the school year

Ancillary services may consist of the following:

Work on the preparation of curriculum material, writing courses of study, educational guides, or working on surveys or other activities related to preparation, upgrading, or the manufacturing of materials to be used in the schools; to fill in for the teachers who are working on District projects on a regular basis such as replacing a department head or a person actively engaged for short periods of time in evaluations or creating of 90

District material. The teacher may have the option of serving their agreed number of days as a substitute teacher in the appropriate grade or grade level.

25.3.b. The contract with the person choosing this program will be for a period of five (5) years or less.

25.3.c. Persons who retire under the plan from the District shall have the option of retaining the present health plans but must pay the premium.

25.3.d. Persons who retire during any current school year will have until June 30 to elect the consultant contract; the individual may resign from it at any time.

Article 26 - Part-Time Contracts

26.1 Members of the unit, subject to the annual approval of the Assistant Superintendent of Human Resources or designee, are permitted to work less than a full-time contract position.

26.2 A unit member who desires to enter into a part-time contract position must submit their request, in writing, to the Assistant Superintendent of Human Resources or designee prior to April 15 for the following year Such unit members shall also request a leave for the balance of the FTE currently held.

26.3 A unit member holding a part-time contract position shall be assured for each succeeding year at least the same percentage of a full-time contract position as they currently hold. In the event of layoff of certificated employees, this will not apply

26.4 A unit member holding a part-time contract position shall resume a full-time contract position by expressing their preference for posted openings as per Article 18.

26.5 A unit member holding a part-time contract position shall receive a prorated amount of salary, dental benefits, and leave. Part-time employees working less than a 50% contract are not eligible for CalPERS medical benefits. For part-time employees working less than a 50% position and electing to participate in a medical benefits plan, the District shall contribute the prorated amount as provided in Article 22.6.a in accordance with Section 125 of the IRS code.

26.6 Fringe benefits will be prorated for all new part-time contracts. A unit member holding more than fifty percent (50%) of a full-time contract position will continue to receive full fringe benefits until they voluntarily change their present

employment status. Child Development Center and Preschool Permit Teachers will be exempt from this provision.

Article 27 - Job Sharing

27.1 Members of the unit, subject to the annual approval of the Assistant Superintendent of Human Resources or their designee within the Human Resources Department may job share.

27.2 Job sharing shall be defined as employment in which two unit members share on an equal basis a regular full-time position within the school district.

27.3 A certificated leave request form requesting job sharing must be submitted to the Assistant Superintendent of Human Resources by two (2) months prior to the end of the unit member’s contracted work year. Should a site administrator deny such a leave, an appeal to the Assistant Superintendent of Human Resources may occur

The leave should be submitted based on the following criteria:

27.3.a. The employee shall secure their own job-sharing partner

27.3.b. Minimum employment for this program shall be equal to one-half (1/2) of the number of days normally required of the certificated employee. These days shall be one-half (1/2) the number of days published each year on the teacher’s work calendar

27.3.c. The employee must have permanent status in the District.

27.3.d. The employee will receive one-half (1/2) salary which is to be paid on a monthly basis for twelve (12) months.

27.3.e. The District will pay the amount equal to the cost of fringe benefits for one (1) unit member

27.3.f. The employee and the District’s contribution to the State Teachers’ Retirement System (STRS) will be one-half (1/2) that normally paid. The employee will receive only one-half (1/2) credit toward years of service in STRS.

27.3.g. Sick leave benefits are accrued at one-half (1/2) the normal rate. Workers’ compensation premiums will be paid on the employee’s actual salary (½ salary).

27.3.h. A team member, when available, will substitute for the other team member when they must be absent by trading a workday with the absent partner

27.4 A unit member holding a job-sharing position shall resume a full-time position by expressing their preference for posted openings as per Article 18.

27.5 Unit members exercising the option of job-sharing shall develop with their school principal, a work schedule most appropriate for the particular teachers and students involved to include the following:

27.5.a. Team members shall plan jointly for both the school and their classroom on a regular basis.

27.5.b. At the elementary level, both team members may work at the direction of the site administrator the first two (2) days of the first week of school, and one team member may be paid per diem compensation. At the secondary level, if the situation warrants, two (2) days per diem compensation may be granted for one team member

27.5.c. Both members of the team are required to take an active part in the District and school inservice meetings and their joint efforts in this respect will be at least equal to that normally expected of a single full-time teacher.

27.5.d. Each team must develop a procedure to ensure clear lines of communication to all parents.

27.6 Unit members exercising the option of job-sharing shall take a leave of absence of their former contracts which exceeds fifty percent (50%). In the event of certificated layoffs, those unit members' job-sharing will not be excluded. Unit members participating in job-sharing will retain their original hire date within the District. New job-share proposals must be approved by the Assistant Superintendent of Human Resources by May 1 for the next school year. Renewal job-share proposals must be approved by the Assistant Superintendent of Human Resources by March 1 for the next school year.

27.7 Dual Assignment Share

The purpose of this dual assignment share model shall be to accommodate a parallel simultaneous work responsibility, including but not limited to peer-coaching, school- based program coordination, etc.

Members of the unit, subject to the annual approval of the Assistant Superintendent of Human Resources or their designee within the Human

Resources Department, or subject to the inclusion of this model into an approved job description, may enter into a dual assignment share.

Dual assignment share shall be defined as employment in which two unit members share, on a defined schedule basis, responsibilities for a single classroom or teaching line and other non-classroom-instruction duties, are regular full-time employees within the school district, who both are compensated all the salary, fringe benefits, sick leave and STRS benefits as any other full time employee.

The defined schedules shall be determined by the members of the dual assignment share, shall take place in the regular school year, shall conform to the parameters in the Dual Assignment Share Article (27.7), and are subject to the approval of their evaluating supervisor.

27.7.a. Unless part of an approved job description in which the separate application shall not be required, a proposal for dual assignment share must be submitted to the Assistant Superintendent of Human Resources by two (2) months prior to the end of the unit member’s contracted work year based on the following criteria:

27.7.a.1. The employee shall secure their own dual assignment share partner, unless otherwise stated as part of the hiring process for an approved job description.

27.7.a.2. Minimum employment for this program shall be equal to the regular number of workdays for a classroom teacher; additional work days not to exceed 10 in number, in which the unit member is paid at their per diem rate, may be added by the evaluating supervisor of a dual assignment share.

27.7.a.3. The employee must have permanent status in the District, and completed a minimum of 3 years FSUSD certificated classroom experience.

27.7.a.4. Each employee will receive a full salary which is to be paid on their current pay cycle.

27.7.a.5. The District will pay the regular amount equal to the cost of fringe benefits for each member of a dual assignment share.

27.7.a.6. The employee and the District’s contribution to the State Teachers’ Retirement System (STRS) will be that normally paid for each member The employees will receive full credit toward years of service in STRS.

27.7.a.7. Sick leave benefits are accrued at the normal full-time rate. Workers’ compensation premiums will be paid on the employee’s actual salary

27.7.b. Dual assignment share partners shall plan jointly for both their non-classroom and their classroom responsibilities on a regular basis. This may occur on days when both members of a dual assignment share simultaneously at their assigned school site.

27.7.c. Each member of a dual assignment share must teach in the classroom a minimum of ½ of the school days in any given school month. If the month contains an odd number of school days both members shall round up for their classroom teaching days.

27.7.d. At the direction of the evaluating supervisor, both dual assignment share partners may work simultaneously in the classroom up to the first 20 school days of the start of a given semester or trimester as is relevant to the assigned school site. If the evaluating supervisor gives this direction, the members of the dual assignment share shall not be held responsible for their non-classroom responsibilities.

27.7.e. Both members of the dual assignment share team are required to take an active part in school meetings and parent conferences during any marking period in which they have been in the classroom teaching. However, if the non-classroom duties of a member require them to miss staff, department, or grade level meetings they shall be excused provided that their partner attends the meetings they miss.

27.7.f. Each dual assignment share partner shall be required to do only half of the adjunct and yard duty as that of a single full time teacher and shall not be compelled to do adjunct or yard duty on days/times when they are off campus to attend to their non-classroom related duties.

27.7.g. Each member of a dual assignment share must develop procedures to ensure clear lines of communication to all parents.

Article 28 - Adult Education

28.1 Recognition

28.1.a. The District recognizes the Association as the exclusive representative of the Fairfield-Suisun Adult School unit members employed and paid as regular contract members and those paid by the hour.

28.1.b. Adult Education Unit Members will be classified as hourly based employees.

28.1.c. Unit members will be classified as probationary or permanent status as referred to in Article 10. Notification of status will be sent to each unit member annually on September 1.

28.1.d. As the one contracted adult school position becomes available through resignation, voluntary transfer and/or retirement, this position will be filled by one or more hourly adult unit member(s).

28.2 Non-Related Articles

28.2.a. For the purposes of this agreement, the following articles/sections will not apply to Adult Education unit members. Article 14 – Peer Assistance and Review, Article 15 – Support Provider, Article 16 – Teacher Support Service, Article 24 - Reduced Teacher Service Option, Article 25 - Early Retirement, Article 26 - Part-Time Contracts, Article 27 - Job-Sharing, Article 29 – Child Development/Preschool, and Article 31 – Summer School/Intersession

28.2.b. For the purposes of Article 18 – Assignment and Transfer, the Fairfield-Suisun Adult School shall be considered a single site.

28.2.c. Class size minimums and maximums shall be established by the principal.

28.3 Evaluation. Unit members covered by this article shall be evaluated at least once every two (2) years in accordance with provisions in Article 10 (except for the provisions excluded, as listed above). Complaints against unit members covered by this article shall be processed as provided in Article 12.3 of this agreement.

28.4 The administrative staff of the Adult School may create, offer, shorten, extend, cancel, combine, close, or terminate any class taught or to be taught by unit members covered by this article provided that each unit member shall be paid for each hour worked. Starting and ending dates for all classes and programs shall be established by the administration. In the event that the administration decides to extend a class beyond the scheduled term of classes for the school year, the District will notify the Association at least two (2) months in advance and meet to discuss any issues or concerns relating to the extension of the class.

The class size minimum enrollment for the class to move forward will be listed in the course catalog.

If there is a cancellation of a class prior to the start of the term the site administration will work with the instructor to obtain needed enrollment before canceling the class.

28.5 Unit members covered by this article shall be paid in accordance with Appendix D. They shall receive mileage reimbursement in performance of their duties under the current allowable IRS rate.

28.6 Unit members who have rendered six hundred (600) hours of paid service in the Adult School program are entitled, unless dismissed for cause, to teach the same course in succeeding terms if it is offered; this right is terminated by resignation, refusal to teach the course when it is offered, or an interruption of eighteen (18) calendar months from the end of one (1) term during which the course is taught and the beginning of the next. For the purposes of this section, a term is a quarter, trimester, or semester as is appropriate for each course.

28.7 Adult school unit members shall not be required to work on legal holidays.

28.8 Other Articles

28.8.a. The provisions of Article 9 - Grievance Procedure shall apply to unit members covered by this article, but the work “day” shall be defined to include each day that the Adult School Program is open for business. Temporary, part-time unit members shall not have the right to grieve any release from service in the Adult School program.

28.8.b. Vacancies in Adult School hourly positions shall be filled by the District as they occur in accordance with Article 18.2. Unit members who wish to be considered for such vacancies, permanent and part-time who wish to work additional hours, may notify the Human Resources Department at any time and they shall be considered when positions are to be filled.

28.8.c. Unit members covered by this article may apply for regular positions in the District and shall be considered “inside” candidates for interview purposes. If employed on contract in the K-12 Program, a unit member covered by this article shall be placed on the salary schedule with service credit of one (1) year for each one thousand fifty (1050) hours of paid service as a unit member in the Fairfield-Suisun Adult School, but hourly service after employment under contract shall not be counted.

28.8.d. For purposes of STRS reporting, Adult Education unit members who are members of STRS and who work at least 1,050 hours in one year shall receive 1.0 years of service credit and such credit shall be reported to STRS. Unit members working less than 1,050 hours in one year shall receive a proportional amount of STRS credit. Hours worked in excess

of 1,050 in a year shall be reported to STRS as part of the Defined Benefit Supplement Program.

28.8.e. Unit members shall earn one (1) hour of sick leave for each eighteen (18) hours of paid service. Extended illness leave, childbirth leave, and industrial accident leave shall be credited as provided by law.

28.8.f. Unit members called as jurors or subpoenaed as witnesses shall have paid leave for such service only to the extent that the service occurs during teaching time. Reasonable travel time shall be counted as part of the service.

28.8.g. Adult School hourly unit members who are employed for three (3) or more periods taught daily in the daytime program or a 16 hour teaching load per week shall receive a minimum of one (1) hour of preparation time per week. Hours worked will be established by the hours anticipated to be taught as identified in the first term teaching load.

Such unit members shall select, by September 30 each year, one of the following options in addition to the one initial hour of preparation time provided in this section.

28.8.g.1. Option One – Preparation Time: Adult School hourly unit members covered by this section may elect to receive an additional one (1) hour of preparation time per week, or

28.8.g.2. Option Two – Benefits: In lieu of the additional preparation time identified in section 28.8.g.1, above, Adult School unit members may opt to select a fringe benefit package, which shall consist of the following three components:

28.8.g.2.a. Medical Coverage: Contributions shall be based on the amount identified in Article 22, section 22.6.a and will be allocated as indicated in the table below. Part-time unit members working less than 15 hours per week are not eligible for CalPERS medical benefits.

Hours worked will be established by the hours anticipated to be taught as identified in the first term teaching load in September of each year

28.8.g.2.b. Dental Coverage: As provided in Article 22, section 22.6.c.

28.8.g.2.c. Life Insurance: As provided in Article 22, section 22.6.d.

28.8.g.2.d. Vision Insurance: As provided in Article 22, section 22.6.e.

28.8.g.2.e. Complaints against unit members covered by this article shall be processed as provided in Article 12 of this agreement.

28.8.g.2.f. Night Adult School hourly unit members teaching a course who do not receive prep shall receive thirty (30) minutes (fifteen (15) minutes before and fifteen (15) minutes after the workday) of paid time to include setup, closing, and office hours per workday All other employees shall have 5 minutes of paid time immediately before and after the workday to open and close classes when teaching students.

Article 29 - Child Development/Preschool

29.1 Non-Related Articles

For the purposes of this agreement, Article 19 - Workday, Article 20– Work Year, Article 22 - Salary and Fringe Benefits, Article 24 - Reduced Teacher Service Option, Article 25 - Early Retirement, Article 26 - Part-Time Contracts, Article 27Job Sharing, and Article 28 - Hourly Rate Adult Education.

29.2 Notice of Layoff

If the District adopts a major change in Child Development/Preschool programs and then later decides to eliminate part or all of such programs, the District shall give reasonable prior notice to the Association so that the District and the Association can explore possible solutions to the effects of elimination as they apply to the terms and conditions of this agreement.

29.3 Workday

29.3.a. Onsite workday for Child Development/Preschool teachers shall be seven hours and fifteen minutes (7.25) to comply with prevailing teacher/child ratio regulations set forth by the State Department of Education Title 5 and the Department of Social Services Child Care Licensing documents.Unit members hired at less than 1.0 FTE shall be prorated accordingly.

29.3.b. Schedules will be created so that permit teachers receive an uninterrupted 30 minute duty free lunch.

29.3.c. Staff meetings for the Child Development and State Preschool teachers will be scheduled during the normal workday whenever possible. Meetings that extend beyond or start outside the duty day will be compensated at the unit member’s per diem rate of pay for each hour or fraction thereof.

29.4 Work Year

Permit Teachers will work according to the prevailing contract with the State Department of Education, Child Development Division. These contracts will be adjusted to meet State of California guidelines for the state preschool program. Currently the state requires a 175 day and a 195 day state preschool program. Permit teachers work either 184 days or 204 days. The two Permit Teacher Salary Schedules reflect either a 184 day work year or a 204 day work year.

State Preschool members working 7.25 hours for 184 days shall be considered 1.0 FTE.

If the State Preschool guidelines change regarding workdays, prior to the district implementing an increased number of days, FSUTA and the District will bargain any proposed salary schedule.

29.5 Class Size

Class size for General Child Care and State Preschool programs will be in accordance with State Department of Education Title 5 and Department of Social Services, Child Care Licensing Department.

29.6 Salary and Fringe Benefits

29.6.a. Salary and Wages

Unit members covered by this article shall be paid on a salary schedule subject to annual negotiations (See Permit Teachers Salary ScheduleAppendix C). Initial placement on the Salary Schedule: (Beginning 11/1/2022 and moving forward)

Requirements for placement on the salary schedule at the time of employment are:

Column 01:Valid Teaching Permit with 60 Semester Units

Column 02:Valid Teaching Permit with 90 Semester Units

Column 03:Valid Teaching Permit with 120 Semester Units / BA / BS

*All current permit teachers will have a unit evaluation and if needed be adjusted beginning Nov 1 2022.

* Unit members transferring into the district may receive up to 5 years of service credits.

29.6.b. Fringe Benefits

Fringe benefits will be paid to unit members who work at least 50% of a Full Time Equivalent position. (See Article 22.6, a through e - Fringe Benefits.)

29.7 Leaves (See Article 23 - Leaves)

Sick

Leave

Full-time Child Development Centers and State Preschool members shall receive one (1) day of sick leave per month. Part-time employees will be pro-rated.

29.8 State Calendar - The Calendar Committee shall include the State Preschool Calendar

Article 30 - Restructuring

30.1

Statement of Intent

The District and the Association agree that it is in the best interest of the Fairfield-Suisun Unified School District to cooperatively engage in exploration of current educational reform proposals being discussed by educators nationally and, further, to explore the various reform proposals which the creativity of District staff may generate.

30.2 Restructuring/Educational Reform Plans

Such a venture may call for a variety of changing roles and responsibilities within the schools, including but not necessarily limited to:

30.2.a. Involving school staff members in decision-making at sites.

30.2.b. Devising new systems of school site accountability.

30.2.c. Organizing and staffing schools in new ways.

30.2.d. Altering schedules and learning activities to accommodate different levels of student learning.

30.2.e. Involving school staff members in budget development.

30.3 District and Association Agreement

Recognizing that restructuring/educational reform activity may require collective bargaining flexibility on a continuing basis, the District and the Association adopt the following guidelines to assist in the implementation of the joint commitment.

30.3.a. The District and the Association recognize the need for flexibility in any restructuring effort and will, where appropriate, consider waiving or modifying any contract provisions.

30.3.b. A Restructuring Committee shall be formed and operated jointly by the District and the Association.

30.3.c. Sites which develop restructuring/educational reform proposals which may involve waivers to the collective bargaining agreement shall submit a written request for waiver to the Restructuring Committee. The request shall include the following:

30.3.c.1. A statement of the reform/restructuring proposals or a copy of the plan, including the rationale for the change.

30.3.c.2. Verification by the Principal that:

30.3.c.2.a. They recommend the plan, the contract waivers being sought, and the time period for which those waivers are sought.

30.3.c.2.b. The school site council/community has reviewed and approved the reform proposals and the contract waivers sought.

30.3.c.2.c. Similar to all bell schedules, restructured schedules will follow the complete bell schedule approval process to assure instructional minutes adherence and that the departmental needs are met.

30.3.c.2.d. There is no added expense for bus transportation.

30.3.c.3. Verification by FSUTA Representative that:

30.3.c.3.a. More than sixty-five percent (65%) of the FSUTA members who are affected by the proposed restructuring plan have approved the reform proposals and contract waivers through secret ballot. Those voting will not include: unit members assigned to the affected school for less than 50% of a contract, unit members in temporary positions, unit members being released from their contracts, substitute teachers, retiring teachers, non-members, those who have resigned, and members of other bargaining units. The District shall provide to the site representative the contact information for individuals on extended leave from that site who meet the voting criteria. The site representative shall attempt to contact these individuals on extended leave who meet the voting criteria. These individuals who either waive their right to vote or do not respond will not be counted in the calculation of the percentage necessary for approval.

30.3.c.3.b. There will be an annual evaluation of the effectiveness of the program.

30.3.d. Superintendent or designee and FSUTA President or designee shall review the plan and requested waivers. If it concludes more or different waivers are needed, it shall refer the matter back to the Principal to complete and verify the steps.

30.3.e. All agreements to modify, amend, or otherwise change contract provisions will be by mutual written agreement of the bargaining parties. Each party will determine its own procedures for ratifying any written agreement which modifies existing contract provisions.

Article 31 - Summer School/Intersession

31.1 Unit members shall be given preference for summer school/intersession positions.

31.2 The District will pay summer school and intersession teachers as per Appendix A.

31.3 The hourly rate increases shall be subject to the same across the board increases.

Article 32 - Calendar Committee

32.1 The District and the Association shall form a Calendar Committee by September 30 of each school year, and the Committee shall meet beginning no later than October 15. FSUTA may appoint up to four (4) bargaining unit members to serve on the Committee and the District may appoint up to four (4) administrators to serve on the Committee. The Association and the District shall each appoint a representative from the Committee members to jointly chair the Calendar Committee. Community members and/or classified employees may be invited by the District and/or the Association to provide input to the committee.

32.2 The Committee shall:

32.2.a. Meet on a regular basis as established by the Committee.

32.2.b. Work to reach agreement on calendars.

32.2.c. Work to establish a consistent start date for the traditional calendar.

32.2.d. Meet and work to reach agreement on any new calendars needed during any school year.

32.3 If a tentative agreement has been reached by the calendar committee, the following shall occur in order:

32.3.a. Proposed calendars shall be sent to the school sites via FSUTA representatives and simultaneously shall be sent to the Superintendent and their Cabinet. Teacher and Administrator input then will be sent back to the Committee.

32.3.b. The Committee will meet, review, and consider comments from unit members and administrators and make changes as appropriate.

32.3.c. Submit the proposed calendar to the District Governing Board sufficiently in advance of the last regularly scheduled meeting in February for review and action.

32.4 The goal of the Calendar Committee shall be to develop calendars for the upcoming two (2) school years. If agreement is reached on a two (2) year calendar, then the Committee shall not meet the following year However, prior to the beginning of the school year, if any significant and unforeseen issues arise, the Calendar Committee shall meet to review the issues and determine if there is a need to modify any previously adopted school calendar.

32.5 Identified Non-Paid Contractual Holidays

Independence Day

Labor Day

Veterans’ Day

Day before Thanksgiving

Thanksgiving Day

Day following Thanksgiving

Day before Christmas Day

Christmas Day

Day after Christmas

Day before New Year’s Day

New Year’s Day

Martin Luther King Day

Lincoln’s Day

President’s Day

Memorial Day

Juneteenth

Article 33 - Professional Working Environment

33.1 Materials and Supplies. School site teaching staff and site administrators shall work cooperatively together to maintain supplies, materials and equipment (such as TV-VCR, computer, overhead projector, etc.) at professionally adequate and customary levels to support the instructional program.

33.2 Classroom Environment. School site teaching staff and site administrators shall work cooperatively together to maintain the classroom environment in a manner conducive to education and instruction of pupils. The classroom environment includes lighting, heat, ventilation, air conditioning, communications systems, scheduling of cleaning, bulletin boards, storage units, instructional displays, desks, chairs and other classroom furniture.

33.3 Common Facilities. Common facilities, including parking facilities, restrooms, restroom supplies, drinking water, common work areas, supplies for common work areas, shall be provided and maintained at appropriate levels. Reasonable efforts will be made to provide private areas where staff can take breaks. School site teaching staff and site administrators will work cooperatively together regarding the treatment and upkeep of such common facilities.

33.4 Equipment and Furniture Repair and Replacement. Damaged or broken materials, equipment, furniture, shall be repaired or replaced in a timely manner. Replacement or “loaner” equipment may be appropriate when repairs take an extended period of time.

33.5 Budgetary Considerations. Implementation of the provisions of this article shall be made only within available site and District budgetary and financial parameters, as determined by the site administrator at their discretion.

33.6 Opening Of New Schools. The District will ensure that the provisions of this Article shall be fully met and complied with in the opening of any new school.

Article 34 - Consulting Teachers

34.1 The District and the Association agree that it is in the best interest of the Fairfield-Suisun Unified School District to provide support, modeling, and coaching to eligible Beginning Teacher Support Assessment (BTSA) Induction and Peer Assistance Review (PAR) teachers. Consulting Teachers assist eligible teachers in completion of state mandated requirements to obtain a Professional Clear Credential.

34.2 Consulting Teachers shall provide service in five (5) year terms with intent to provide service in staggered fashion as described in the template identified as Appendix CC.

34.3 The Human Resources Department shall maintain records regarding the terms of Consulting Teachers and shall notify the PAR Committee of pending vacancies due to the expiration of terms. Additionally, the Human Resources Department shall notify the PAR Committee if a vacancy occurs between terms.

34.4 Unit members who function as Consulting Teachers under the provisions of this document shall not be considered as management or supervisory employees, and shall not be eligible for management or supervisory positions for a period of one year following the end of their terms as Consulting Teachers.

34.5 Consulting Teachers shall be evaluated based on the assigned responsibilities contained in the approved job description and the achievement of individual goals. The evaluation form (Consulting Teacher Professional Development Report) is attached as Appendix W to this Agreement. The evaluation form will be placed in the personnel file of each Consulting Teacher by April 15 of each year All provisions of the current FSUTA Contract relating to due process protection, personnel files, and grievance procedures related to the evaluation procedure shall be applicable to Consulting Teachers. The District and the Association agree to review this evaluation process and to work collaboratively to make any changes that are necessary

34.6 At the end of the time period specified in the Improvement Plan, the Consulting Teacher shall complete a written report describing the teacher’s participation in the Program. This report shall consist of: (1) a description of the assistance provided by the Consulting Teacher; and (2) a description of the Referred Participating Teachers participation in the implementation of the Improvement Plan. This report shall be given to the Referred Participating Teacher and submitted to the PAR Joint Committee. The Referred Participating Teacher may also prepare written comments for the review of the PAR Joint Committee which shall be considered concurrently with the Consulting Teacher’s report.

34.7 Consulting Teachers may find that there is additional expertise beyond their scope of experience and training that should be provided to the Referred or Voluntary Participating Teacher. In this case, with approval from the PAR Joint Committee, the Consulting Teacher will develop a plan to utilize the expertise of the unit member(s) to assist the Participating Teacher The Plan will, at a minimum, include the subject area expertise needed, person(s) recommended to provide expertise, and the length of time required for assistance. The unit member providing the expertise shall be provided release time or paid at a per diem rate of pay for their services outside of their workday/work year

34.8 Shall provide those services specified for participants in the BTSA Program who are on their caseload.

34.9 Shall provide assistance to teachers on their caseloads in the following areas: reviewing curriculum, strategies for effective classroom management techniques, record keeping, planning for instruction, and instructional strategies.

34.10 During their first year, a Consulting Teacher may exercise a right of return to their previous position by informing the district by May 1st of their intention to return to their previous position in the subsequent year If their prior position has been eliminated, the unit member shall be assigned per Article 18 - Assignment and Transfer In subsequent years, when a Consulting Teacher returns to the classroom, they will be assigned per Article 18 – Assignment and Transfer (18.3.b).

34.11 Unit Members who have previously served as a Consulting Teacher may apply to the position using an abridged process. This process shall consist of a single page application form and a single observation.

34.12 The parties have agreed that the job descriptions and the terms of service of Consulting Teachers are included and described in the Memorandum of Understanding dated May 22, 2014, as Appendix CC. All other provisions herein, including Appendices and Memoranda regarding Consulting teachers, not in conflict with the Memorandum dated May 22, 2014, remain and are in force.

34.13 The caseload for a fully released Consulting Teacher shall be established by the District and the PAR Joint Committee. The following factors shall be considered: the number of new teachers, the number of referred teachers, the guidelines of the BTSA Program and other relevant data. No full time Consulting Teacher will provide support to more than two (2) Referred Participating Teachers. The total caseload shall not exceed fifteen (15), including PAR and BTSA participants.

Article 35 - Specialty Schools/Programs

The District and Association recognize that FSUSD has several specialty schools and programs that may require additional contractual consideration. Collectively, we have identified these items to support the employees and district who work at these school programs. We recognize that several of these schools have used the restructuring process, but other considerations may be necessary

35.1. Public Safety Academy:

Public Safety Academy (PSA), as a school of choice, is designed as a rigorous, project-based experiential program for students interested in law enforcement, firefighting and other public safety fields. The PSA includes grades 5-12 and follows high school instructional minutes. The items below apply only to the Public Safety Academy:

Effective July 1, 2018, the parties agree to the following for the Public Safety Academy:

35.1.a. Unit members are expected to participate in up to ten (10) hours of training related to the PSA (fire-fighting, law enforcement, other public safety fields, project-based learning, etc.). Professional development will be paid at curriculum rate or it may be used for professional development as outlined in Article 20.2 – Professional Development.

35.1.a.1. All employees shall be given the opportunity to attend the refresher at the beginning of each school year for up to two (2) additional hours.

35.1.a.2. New employees are encouraged to attend and observe the “new student boot camp” and to participate in any additional training around rituals and routines for this specialized program for up to eight (8) additional hours.

35.1.b. The staff shall be required to wear an FSUSD provided uniform shirt. FSUSD shall provide five (5) shirts at the beginning of the teacher’s first year of service. The district shall provide up to two (2) additional uniform shirts per subsequent year, as needed, and will accommodate name changes at no cost to the employees. The staff uniform will include slacks, type and color to be determined by the staff. The P.E. staff uniform shall include the uniform shirt and appropriate attire for their assignment.

35.2. Early College High School:

The Fairfield-Suisun Early College High School Program (F-SECHSP) is an educational partnership between Fairfield-Suisun Unified School District (FSUSD) and Solano Community College (SCC). The Early College High School Program is designed to prepare students for college success by providing rigorous academic course work and concurrent enrollment in college classes.

35.2.a. Unit members assigned to F-SECHSP shall have the right to return to a full teaching line at Rodriguez High School (RHS), if there is a vacancy in their credentialed area or shall be a voluntarily displaced unit member as outlined in Article 18.4 – Procedures for Involuntary Transfers.

35.2.b. The unit members have an opportunity to participate in up to fifteen (15) hours of professional development, collaborative planning, and student orientation outside of the teachers’ work year. Unit members shall be compensated in accordance with contract language for professional development and collaboration. Unit members shall be compensated at the per diem rate for student orientation.

35.2.c. Unit members participating in the F-SECHSP may, in consultation with their administrator, be required to attend the monthly staff meeting held on the RHS campus or at the Solano College Campus.

35.2.d. When unit members are required to travel between sites, they shall be reimbursed for mileage at the current allowable IRS rate.

35.3 Sem Yeto Continuation Schools

Sem Yeto Continuation Schools work to explore ways to collaboratively improve students' success through credit recovery and access to college and career programs.

35.3.a. After a grace period of ten (10) days from the first day of school, it is the intent of the parties to not have any individual class size be over 32 students, with an average class size of 30 per period.

35.3.b. While Sem Yeto is in the quarter system, the following will apply. Sem Yeto shall have minimum days on all four quarter progress reports days and the last day of each quarter. They shall still receive the full work day with no students in the high school calendar at the end of semester 1(quarter 2) and semester 2 (quarter 4).

35.3.c. The District reserves the right to move Sem Yeto to a different academic calendar. administration, counselor and teachers shall meet to discuss student success, growth, and collaborate on developing options for students to meet their needs. The intent of these meetings will be to discuss available options for student growth and credit recovery, to identify additional resources to support each student, and to identify additional options for students who are not finding success with the program.

35.3.d. When unit members are required to travel between sites, they shall be reimbursed for mileage at the current allowable IRS rate.

35.4 Dual Immersion

According to the California Department of Education, Dual-Language Immersion (Two Way Immersion) is language learning and academic instruction for native speakers of English and native speakers of another language. The goals of dual-immersion programs are language proficiency and academic achievement in students' first and second languages, and cross-cultural understanding.

35.4.a. The District shall provide grade level appropriate curriculum available in both languages in English Language Arts and Math, and in other core subject areas where available.

35.4.b. Every effort shall be made to keep from creating combination classes in the Dual Immersion program. In the event a combination class becomes necessary, Article 21 will be followed.

35.4.c. The District shall provide access to translation services for the dual immersion program to support curriculum, parent engagement, and parent involvement.

35.5 Virtual Academy

Virtual Academy offers students the opportunity to learn remotely in grades K-8.

35.5.a. Unit members will not be required to work in a district facility. If the member desires to work from a district space one will be provided.

35.5.b. Unit members will have the option of having Go Guardian or similar program to monitor student online activity during instructional time. Unit members shall be provided training on the program.

35.5.c. New Virtual Academy staff shall participate in three (3) days of in-service training prior to the first contractual work year to be paid at the curriculum rate or may be used for staff development as outlined in Article 20.2 Professional Development. Returning staff shall participate in one (1) day of in-service training prior to the first contractual work year to be paid at the curriculum rate or may be used for staff development as outlined in Article 20.2 Professional Development.

35.5.d. The District shall provide textbook, software, and materials appropriate for virtual learning.

35.5.e. Unit members will submit their supply requests to the site administrator or designee. Members will pick up supplies at the Virtual Academy office.

35.5.f. Virtual Academy administration and teaching staff will work collaboratively to develop a parent/student form that outlines expectations for student success and supports for students not meeting expectations. One of the expectations outlined in the document will be that teachers may require students to turn on their cameras for specific lessons or activities.

35.5.g. Unit members providing after school intervention shall be compensated as per contractual agreement.

35.5.h. No more than three (3) staff meetings throughout the school year will be held in person.

Article 36 - Special Education

36.1 For purposes of Article 36, “Caseload” refers to the number of students with Individualized Education Plans (IEP’S) for whom the special education teacher is assigned.

36.2 Special Education caseloads shall be as follows:

*Caseload Average for District

**In accordance with 36.6 of contract language

36.3 Individual caseload shall not exceed the above maximum in 36.2 for more than twenty (20) days in any school year

36.4 Caseload limits shall only be exceeded by two (2) at the preschool, TK-5, and three (3) at the 6-12 program levels. Unit members receiving the additional students in this section shall receive an overage.

36.5 Caseload size overage will be paid at $20.00 per student, per day. The parties agree this language applies to Resource Specialist Program only and therefore has been added to Article 36.6.

36.6 Resource Specialist Program: Per Education Code - 28 students. Upon approval by both the RSP teacher and the District, the RSP caseload may be increased to a maximum of 32 students with application of the state-approved waiver process. Resource Specialist Program caseload includes responsibility for completion of mandated annual and three-year review IEPs. At sites with more than 1 FTE RSP teacher, “caseload” may be split with agreement by the staff members involved and the program supervisor, so a staff member has an IEP assessment and paperwork caseload greater than 28, concurrent with reduced instructional contact. However, at no time may the combined “caseloads” at the site be greater than 28 students per FTE RSP teacher without application for a state-approved waiver.

36.6.a. Effective July 1, 2015, class size overage will be tracked at $20.00 per student, per day

36.6.b. Caseload size overage will be paid at $20.00 per student, per day

36.7 Speech and Language Therapists / Pathologists

The Association and the District agree that it is the purpose and the intention to fill all open Speech and Language Therapist positions with qualified full-time and/or part-time unit members.

Caseload

36.7.a. The District and the Association agree to a maximum caseload for Speech and Language Therapists. After a grace period of twenty (20) days of student attendance, from the beginning of the school year or the beginning of each semester

36.7.b. Speech and Language Therapist unit members whose caseload exceeds the maximum caseload shall be paid at the same rate already established for the other unit members who exceed caseload limits ($20.00 per student, per day).

36.7.c. Due to the current crisis in finding credentialed speech therapists, the Association and the District recognize that there may be a need to temporarily employ ancillary Speech and Language Therapists from other agencies until the requisite number of full-time Speech Therapist unit members can be employed. The District and the Association shall meet at least annually to determine the needs for such ancillary Speech and Language Therapists.

36.7.d. The District shall first assign Speech and Language Therapists to no more than two (2) sites. If this assignment configuration proves inoperable, the next step shall be assigning ancillary Speech Therapists to alleviate the problem. If, after this adjustment, it is still not possible to assign Speech Therapists to no more than two (2) sites, their assignments to the increased sites shall be done in a fashion to create the least impact on the Speech Therapist’s caseload.

36.7.e. Speech and Language Therapists assigned to multiple sites shall not be placed on the school site’s yard duty schedule due to IEP meetings, travel time, and the flexibility needed to schedule services for students.

36.8

Caseload Equalization

For the purpose of equalizing teaching loads, the following shall be implemented within twenty (20) teaching days at the beginning of each school year, or at the beginning of each semester as follows:

36.8.a. Resource specialist program students in the elementary TK-8 grade shall be divided equally at the beginning of the year among classes at any given grade level plus or minus one (1) student. Students receiving resource specialist services may be grouped in general education classes with annually renewed mutual agreement between affected general education teachers and the Special Education teacher with input from the prior school year’s teacher, as appropriate, with subsequent approval of the site administrator

36.8.b. Resource specialist program students in the secondary 6-12 grade shall be divided equally among classes in any given subject area plus or minus one (1) student within the constraints of scheduling.

36.8.c. Resource specialist program students in secondary grades 6-12 that have co-teach Specialized Academic Instruction (SAI) services in their IEP shall be divided equally among the co-teach sections plus or minus one (1) within the constraints of scheduling. Resource specialist program students that have co-teach SAI services in their IEP shall not exceed 30% of the total class enrollment for any co-teach section. The 30% cap

only applies to resource specialist program students in a co-teach section that have that co-teach section’s content specific co-teach SAI service in their IEP Therefore, the number of students with IEP’s between co-taught and non co-taught sections may be out of balance but will be in balance within the co-taught sections or non co-taught sections respectively

36.8.d. When requested by FSUTA the parties will meet between the 15th and the 20th day of each semester to review the class sizes outlined in Article 36.5. The FSUTA president shall select three (3) representatives and the District shall select three (3) representatives who will review class sizes and if needed discuss solutions to any classes that do not meet the class size goal due to master scheduling constraints.

36.9 Special Education Certificated Staff

The form included as Appendix DD will be utilized to describe the conditions under which a special education certificated staff member, by mutual consent between the staff member and the Special Education administration, will work beyond their contractual day to assist a colleague with IEP-related activities.

Article 37 - Savings and Statutory Changes

37.1 If any provisions of this agreement are held to be contrary to law or rule or regulation having force of law by a court of competent jurisdiction, such provision shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions shall continue in full force and effect.

37.2 In the event that a provision is declared invalid, the parties to this contract shall begin negotiating within thirty (30) calendar days upon receipt of a written request.

37.3 If changes in state or federal law (amendment, addition, or deletion) affect the provisions of this contract, the parties shall begin negotiating within thirty (30) working days upon receipt of a written request.

Pam Williamson Ken Whittemore FSUTA President Assistant Superintendent, Human Resources

APPENDIX

A - Regular Teacher K-12 Salary Schedule

E - Extended Day Activity Salary Schedule

L - MOU - Article 10 -

T - MOU - Extra-Curricular (CalSTRS)